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Can I Share a Divorce Lawyer with My Ex?

In some cases, spouses believe that they can and will remain amicable throughout the divorce process. When couples find themselves in this circumstance, sometimes they wonder if they should share an attorney. Usually, this decision is based on expense. Other times, a spouse chooses not to get an attorney in the hope that the proceedings will remain amicable and because there is a fear that retaining a lawyer signals there will be a fight.

Each Party Should Have Separate Counsel

The rules of ethics that govern lawyers provide that a lawyer cannot represent a client who would present a conflict of interest. There is a conflict of interest if a lawyer represents both spouses in a divorce because no matter how conflict-free a divorce may be, the spouses’ interests will not perfectly align.

If your spouse has counsel, that counsel will be looking out for the spouse’s best interests and no one else’s, including yours. This is another rule of ethics that attorneys are bound to follow.

What an Attorney Can Do For You

Even if your divorce is amicable, an attorney can provide several key services:

  • Explain your rights under the law. If you do not wish to exercise your rights pertaining to spousal support, property division or child custody, you should do so knowingly.
  • Look out for any pitfalls with your plan. Our attorney has seen numerous divorce cases, and he understands which provisions work and which provisions will bring you back to court in a year or two.
  • Keep the proceedings professional. In cases in which each side is represented by counsel, the proceedings will be less emotional and focused strictly on the matters that need to be resolved by the courts.

Contact a Katy, Texas, Divorce Attorney

If you are considering a divorce, an attorney is often a worthwhile expense. An attorney will ensure that your position is protected and that the divorce and related agreements are properly executed. If your divorce remains amicable, costs will be minimized.

To discuss your situation with an experienced Texas family law attorney, call the Vendt Law Firm, P.L.L.C today. Attorney Frank J. Vendt is committed to resolving his clients’ family law matters as favorably as possible. To schedule a consultation with Mr. Vendt, call our office today at (832) 263-6770 or send us an email through our online contact form.

1http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients.html

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