Divorce can bring out the worst in some couples, while it may be the best solution for others. Even if you and your spouse agree on essential issues, getting a divorce inherently means that you and your spouse are on different sides. Between dividing property and debt and determining child custody arrangements, you need representation that will advocate for your interests.
While you and your spouse may think you can keep costs down by hiring the exact attorney and splitting the fee, this is not allowed. Even if you and your spouse are interested in using the same lawyer, this is strictly forbidden. Our divorce lawyers can explain why you and your spouse cannot share counsel, along with practical ways that you can keep costs at a minimum.
Attorneys Should Provide Zealous Representation to Clients
Lawyers are required to act with diligence, meaning they must provide committed, dedicated, and zealous representation. This requires that a lawyer’s workload be managed responsibly and that the lawyer respond with “reasonable promptness” to any issues related to the matter. Zealous representation means that a lawyer must advocate aggressively for a client’s interests within the confines of the law. In reality, a lawyer cannot provide zealous representation to two adversarial parties (even when the couple seems to be on the same page).
Representing Both Parties is a Conflict of Interest
Although a divorcing couple may feel that they have the same goals, each person has their own agenda. Besides being unable to provide zealous representation, representing opposing parties would mean representing competing interests. An attorney who chooses to ignore this conflict of interest has violated Rule 1.7 of the Model Rules of Professional Conduct laid out by the American Bar Association. Consulting with independent counsel will ensure that you have someone advocating solely for you, not considering your spouse’s needs.
Benefits of an Uncontested Divorce
Filing for divorce is hard enough, but if you and your spouse agree on the terms of your divorce, you may be able to file an uncontested divorce. An uncontested divorce may be best when a divorcing couple agrees on property and debt division, child custody and/or visitation, child support, and alimony (if applicable). By filing an uncontested divorce, you can streamline the process, saving time and money. Even so, an uncontested divorce still comes with a 60-day waiting period before it can be finalized. Be aware that if you or your spouse is seeking a divorce on fault grounds, then getting an uncontested divorce may not be right for your situation. If you have any questions about any aspect of your divorce, speak with our San Antonio, TX, divorce attorney, who can address your concerns.
Speak with a San Antonio, TX, Divorce Lawyer Today
The process of separating from your spouse can be heart-wrenching. If you and your spouse have decided that pursuing a divorce is the best course of action, The Cook Law Firm & Associates, PLLC, is here to advise you. For nearly 20 years, our firm has helped numerous individuals navigate the complexities of divorce. Whether you are seeking a contested or uncontested divorce, our San Antonio, TX, divorce attorney is available to discuss your case. To learn more or to schedule a meeting with an attorney, contact us online or call (210) 740-0281.