It’s no secret that divorce in New Jersey can be expensive, causing many couples to find any way to eliminate some costs. One of the ways couples try to cut down on some of those costs is by using the same divorce lawyer. If you are seeking a divorce, you may have considered doing the same thing. However, it’s crucial to understand that one lawyer cannot represent both spouses during divorce proceedings. Please continue reading to learn more and contact our trusted Monmouth County Divorce & Separation Attorneys who can help you understand the legal options for dissolving your marriage.
Can We Use the Same Lawyer for Our Divorce in New Jersey?
As mentioned above, many spouses wonder whether they can use one divorce attorney for each of their legal counsel. Even if your divorce is uncontested, meaning you and your soon-to-be-ex-spouse agree on all of the terms that will apply to the termination of your marriage, such as child custody, property division, and alimony, you are still technically on opposing sides. Therefore, an attorney representing one of you is prohibited from representing the other because it would create a conflict of interest. There is a risk that any decisions or agreements made could be subject to undue influence, which could lead to an unfair divorce settlement.
While an attorney is not permitted to represent both sides during divorce proceedings, that does not necessarily mean that both sides need to retain legal counsel. If the parties agree to all the terms that will apply to the termination of the marriage, they only need one attorney to draft the settlement agreement. The spouse that does not retain the lawyer must understand that they cannot seek legal advice from the attorney as they technically work for the other spouse. In addition, the attorney will not work in the best interests of the other spouse. Therefore, each spouse should retain their legal counsel.
Should I Consider Mediation?
Nevertheless, if you choose an alternative dispute resolution method such as mediation, you will meet with a mediator, who is often also an attorney. This attorney, however, will not represent either side, as they act as a neutral third party. Their objective is to facilitate communication between spouses to reach an agreement about all of the terms that will apply to the termination of the marriage. It’s important to understand that mediators will not give legal counsel to either side. Instead, they negotiate a compromise so an agreement can be reached. Each party will have to retain legal counsel.
If you think mediation could be the solution you are looking for in your divorce, please don’t hesitate to contact an experienced attorney who can effectively represent your interests. Connect with Paone Zaleski & Murphy today to learn how we can ensure your rights are protected.
