When couples who are divorcing are able to easily agree about issues like
child custody and the
division of assets, they often think it would be a good idea to use the same attorney to
cut down on expenses. However, using the same attorney to handle your
divorce is prohibited because legal professionals can’t represent
clients if there is a conflicting interest. Because divorce is type of
lawsuit in which you will be opposing your spouse, using the same attorney
would be viewed as a conflict of interest.
Can We Use the Same Lawyer for Mediation?
Although you and your spouse won’t be able to use the same attorney
to handle your
divorce proceedings, a single attorney can be used to help finalize the agreement.
Mediation involves a third party who helps the spouses reach an agreement on terms
that are still in dispute. Some couples begin with mediation to avoid
the hassle of going through a trial. Although a lawyer can serve as a
mediator in your divorce, they cannot provide you with legal advice.
A mediator can perform the following services:
- Help couples get a better understanding of the law
- Complete paperwork
- Communicate with financial officers and representatives of the court
- Help couples determine what areas of their divorce will likely produce conflict
- Facilitate agreements regarding conflicts
- Draft settlement agreements
If you do decide to use an attorney for a mediator, remember that they
can’t offer legal advice, which means you will have to hire a separate
lawyer to advise you if you aren’t sure about a legal issue. Although
mediation is less expensive than taking your divorce to court, it can
end up costing you more if you don’t fully understand your rights
or what you are entitled to.
Our Divorce Lawyers Can Assist You
Are you thinking of divorcing your spouse? Do you have questions about
the divorce process? Our attorney at Gossman Law Firm, LLC is here to
walk you through your case and explain your rights under the law. We can
assess your situation and determine a strong legal strategy that will
allow you to reach a fair divorce agreement or settlement. Let our experienced
legal team get to work on your case today.
Call (205) 402-8808, or
contact our Birmingham divorce attorney to request your free consultation.