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Getting Divorced: can my Spouse & I use the Same Attorney?

Posted by Gossman Law Firm, LLC || 27-Sep-2018

No. In Alabama, an attorney can only represent one party; however, if your spouse or partner does not have an attorney, as your lawyer I can draw up all legal documents for both parties, meet with both of you, and submit all documents to the court. 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) 422-0704, or contact our Birmingham divorce attorney to request your free consultation.

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