Divorce can be a very adversarial, contemptuous process. However, some couples are able to separate civilly. In these cases, the parties may consider working together by sharing a divorce lawyer in the interest of reducing expense and expediting the process. In general, both parties should avoid sharing a lawyer and choose to retain their own attorney. The following reasons should compel anyone who is going through a divorce to insist on having his or her own attorney.
1. A Divorce Attorney is a Legal Representative
Getting divorced is a legal matter; therefore, each side needs a representative to help them navigate the process. No matter how amicable a divorce is, the involved parties do not share the same needs, desires, concerns, and perspectives. Having the ability to call on an attorney to explain the process and potential advantages and disadvantages to making certain decisions is a right neither party should refuse.
2. There Are Better Alternatives
Divorcing couples that are aiming to save time and money and to avoid a heated courtroom drama have options. Both sides may work with a neutral mediator. Divorce mediation is usually completed faster than the average divorce that involves courtroom litigation. The mediator allows both sides to be heard and works with both sides to reach a legally-binding agreement that is satisfactory to both parties.
3. A Divorce Attorney Can Help With Paperwork
Most people are not equipped to handle the mountain of paperwork the divorce process often involves. Attorneys prepare and submit paperwork for a living. Therefore, it is always better for the average person to look to a divorce lawyer Toronto to explain all paperwork, prepare it, and ensure the paperwork is properly submitted to the court in a timely manner to keep the process moving along efficiently. An attorney who is charged with preparing paperwork for both parties is less likely to deliver personalized service to each party.
4. Most Reputable Attorneys Would Advise Having Separate Attorneys
The purpose in having legal representation in a divorce is to proceed through the process with a trustworthy, unbiased legal adviser and advocate. It is humanly impossible for an attorney to remain neutral and to not consider information he or she is receiving from both sides while advising two people on the same matter. Most attorneys would admit that representing both sides in the same divorce constitutes a conflict of interest.
Hiring separate attorneys does not automatically equate to a long, arduous, hostile divorce process. Separate attorneys are able to offer both parties information to which they may not otherwise have access without concerns about being unfair to the other party.
