Should You and Your Spouse Use One Divorce Attorney?

Attorney representation in Oklahoma divorces

I have been a divorce and family law attorney in Cleveland County Oklahoma for more than a quarter of a century. Every day I get calls from people with all sorts of Oklahoma divorce and family law questions. One scenario I hear often involves both parties in a divorce matter visiting an attorney. Alternatively, some go to a paralegal who promises a quick and cheap divorce. Many readers ask, Can my spouse and I use one attorney for our divorce? I will explain why you should avoid such schemes.

Overview

While this discusses divorce, the points also apply to paternity, custody, visitation, and child support cases. Therefore, before you and your opposing party meet with an attorney together, you must understand how this works.

Should there be an attorney involved, that attorney represents one person. There is simply no way around this fact. The attorney is either his attorney or her attorney. There is no such thing as “our” attorney in an adversarial proceeding.

Can my spouse and I use one attorney for our divorce

If you and your spouse meet with an attorney, you may be unsure which party the attorney represents. That means you are not the client. However, why is this an issue if you agree on everything? That attorney is not trying to protect your legal interests. Or ensure you get a fair deal. That attorney cannot answer your legal questions or give you legal advice. Instead, that attorney is ethically obligated to represent their client’s best interest. So, if you are not the client, this means the attorney is looking out for the other party, not you.

The bottom line is simple.

There is no legitimate way for one attorney to represent both the Petitioner and the Respondent in a divorce case.

You need to hire your own divorce lawyer in Oklahoma, even in straightforward uncontested matters.

Don’t give in to the temptation to cut corners.

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