QUESTION
If we agree on everything, can we use the same lawyer in a divorce?
Asked on Apr 17th, 2013 on Divorce - California
6 ANSWERS
Personal Injury Attorney serving Jackson, MS
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Jeanine Michele Carafello Attorney at Law
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A lawyer cannot represent both parties in a divorce. However, you can retain an attorney (who will only represent your interests) to draft up the necessary documents, and your spouse (if he chooses not to get his own attorney) can represent himself and sign the papers as a pro se litigant.
Answered on Apr 19th, 2013 at 3:44 PM
You should not because there is always an inherent conflict of interest when one lawyer represents both of you. You should have a paralegal draw up your agreement then each of you show it to the attorney of each of your choice. If both attorneys give you the go ahead, have the paralegal help you finish the divorce process. That will be the most economical approach.
Answered on Apr 18th, 2013 at 3:22 PM
Family Law Attorney serving Los Angeles, CA
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Law Offices of Rosaline L. Zukerman, APC
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Your lawyer served as the mediator, I resume. It still takes six months.
Answered on Apr 18th, 2013 at 3:17 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, not ethically. Agree on everything and then each get separate counsel to do a review of the proposed agreement.
Answered on Apr 18th, 2013 at 3:16 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Yes, It would be a dissolution; If at any point you do not agree on any items, such as child support, you would need your own lawyer. Also if you use the same lawyer, remember that lawyer only represents one of you, the other would be required to sign a waiver to that effect.
Answered on Apr 18th, 2013 at 1:35 AM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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In California there is a waiting period of 6 months before the marital status can be terminated but you can still get a judgment filed within a few months depending upon what court you are in.
Answered on Apr 18th, 2013 at 1:24 AM