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Old 09-08-2016, 02:36 AM   #1
hanah38
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Default Husband and wife using same attorney?

If my husband and I have an agreed divorce, with all issues agreed in detail as well, can we use the same attorney to document that divorce and file it in court?

We would both agree to sign any waivers etc. that might be needed.

Among other issues, we do not want to spend any more on lawyers now.
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Old 09-08-2016, 03:50 AM   #2
adjusterjack
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Default Re: Husband and wife using same attorney?

As long as you both are in agreement on EVERYTHING, then there is no reason not to use one attorney to do the paperwork and handle the court filings.

Unfortunately, the people who are in the process of getting divorced and think they agree on EVERYTHING are often delusional.

However, if that's really happening between you and your soon-to-be ex husband, there are probably enough do-it-yourself divorce guides and forms on line and at your local family court so that you can do it without a lawyer.

Just understand that as soon as one of you says "no" to even the smallest element of the divorce, it's contentious and one lawyer for the two of you just isn't going to work.
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Old 09-08-2016, 03:55 AM   #3
AFFA
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Default Re: Husband and wife using same attorney?

I wish to inform you that husband and wife may not be represented by same attorney in court. Rules of Professional Conduct for attorneys of each state may not allow a lawyer to represent opposite side in court. Hence generally each side will have its own attorney. In your case if both parties consent and intend to reduce cost then both parties may have one attorney to draft document and both parties may self represent in court or alternatively one party may self represent and other may have one attorney.

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Old 09-08-2016, 05:53 AM   #4
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Default Re: Husband and wife using same attorney?

If you both can draw up an agreement satisfactory to both of you, one of you can hire the attorney to file the document if you do not feel competent to handle the case yourselves. Note deficiencies, such as lack of child support at the state calculation and similar oversights could cause the court to reject it.
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Old 09-08-2016, 12:10 PM   #5
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Default Re: Husband and wife using same attorney?

Quote:
Originally Posted by AFFA View Post
I wish to inform you that husband and wife may not be represented by same attorney in court. Rules of Professional Conduct for attorneys of each state may not allow a lawyer to represent opposite side in court.
1 - It would be best if you avoid making generalities when you don't know what state the OP is in. Does more harm than good.

2 - It would also be advisable to avoid making statements that you cannot back up by citing a specific authority.
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Old 09-08-2016, 12:16 PM   #6
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Default Re: Husband and wife using same attorney?

It is true AJ that most jurisdictions prohibit a family law attorney from representing both sides in a divorce. It's a specific family law rule by most Bars.

You can just Google it.

It is different than say corporate issue where waivers might exist.
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Old 09-10-2016, 05:55 PM   #7
gail in georgia
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Default Re: Husband and wife using same attorney?

My ex-husband and I used one attorney when we divorced. We had an "agreeable" divorce; focused mainly on continuing to co-parent our children together; wrote our own separation/divorce agreement.

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Old 09-10-2016, 05:57 PM   #8
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Default Re: Husband and wife using same attorney?

Perhaps that was the law in 1934?
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Old 09-10-2016, 06:04 PM   #9
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Default Re: Husband and wife using same attorney?

You may wish to look into mediation. In a mediation, the mediator, who is often an attorney, works as a neutral third party with both husband and wife - representing neither.

Once an agreement is reached the mediator then files the appropriate paperwork with the court of record. Mediation is often the least expensive path to divorce.

Once an agreement is drafted you can then have an independent attorney review it to make sure it's good for you. That should be doable in an hour or two of billable time.
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Old 09-10-2016, 09:58 PM   #10
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Default Re: Husband and wife using same attorney?

My spouse did the same in a former marriage. I helped her write out a comprehensive agreement her ex was happy with, the court established support,
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