People often call my offices seeking an attorney to represent their spouse and themselves in their uncontested divorce. Usually their first query is whether they and their spouse can come into my offices to sit down with me with respect to planning their uncontested divorce. In response, my answer is always a resounding "NO." This response always takes people aback. They think "hey, my spouse and I are going to settle our case, so wouldn't it be better to just use one person to represent us?"
While it may seem easier, cheaper, and even beneficial to have one person represent you and your spouse in an uncontested divorce, doing so is ethically improper. Yes, sure, there are certain attorneys who represent both parties to a divorce, but, think about it… your core financial and emotional goals are not the same as your spouse’s goals. Therefore, you cannot be represented by the same attorney because no attorney can properly advise two clients who have conflicting interests or positions. Remember, attorneys who are not serving as a mediator cannot be neutral; instead, they are supposed to advocate zealously for their clients.
Having your own attorney is not only financially beneficial for you on a long-term basis, but it also insures that your legal entitlements are being properly preserved, secured and advocated for, and that you are being properly represented. If you need help in navigating the world of the uncontested divorce, please call the law offices of A. Sheralynn Dow, where we help you turn fear into power when happily ever after fades away.