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Topic Review (Newest First)

09-11-2016 09:10 PM
Disagreeable
Re: Husband and wife using same attorney?

A mediator costs money. OP was looking for the cheapest, yet effective method.
09-11-2016 02:21 AM
LindaLee
Re: Husband and wife using same attorney?

Quote:
Originally Posted by Highwayman View Post
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.


Finally a good and reasonable answer.
09-10-2016 08:58 PM
Disagreeable
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,
09-10-2016 05:04 PM
Highwayman
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.
09-10-2016 04:57 PM
Bomba
Re: Husband and wife using same attorney?

Perhaps that was the law in 1934?
09-10-2016 04:55 PM
gail in georgia
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.

Gail
09-08-2016 11:16 AM
LJJ
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.
09-08-2016 11:10 AM
adjusterjack
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.
09-08-2016 04:53 AM
Disagreeable
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.
09-08-2016 02:55 AM
AFFA
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.

AFF
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