Additional FAQs
x) do I need to hire a lawyer? Can I use my ex’s lawyer? Can we both use the same lawyer?
It is extremely important to hire an attorney to represent you in any divorce action. The law and the legal system is very complex and it takes years of study and practice to learn it and become proficient. Without representation, you will likely be unaware of the existence or full extent of your rights and obligations until it is too late. Even cases that appear to be “open and shut cases” can be lost due to not properly following the laws of evidence and procedure, and there may be no way to try again.
It is an extremely bad idea for one lawyer to advise two people who may have conflicting interests. In divorce matters, there are many different things that are beneficial to one spouse, but detrimental to the other. For example, one spouse cannot get the benefit of increased spousal support unless the other person gets the burden of paying more. If one lawyer advises both parties, then that lawyer must either tell both of you how to gain an advantage over the other or tell neither of you how best to protect yourselves and your own interests. If he tells both of you everything, that may lead to you going to trial with no lawyer since you cannot both have one lawyer at trial. If he withholds information from you, then you are not getting the benefit of full and complete legal advice and you may be left with a very unfavorable settlement. What you may lose, as a result, could equal or exceed any savings you might get from “sharing” a lawyer.
An even worse result is to allow the opposing side to have an attorney while you do not. In the best case scenario, that lawyer is honorable and ethical, makes it very clear that he or she does not represent you or your interests, and makes no effort to trick or deceive you, but even then, he or she will be advising your opponent of all the ways to legally protect themselves while you receive no advice or assistance at all. What you may lose, as a result, could equal or well exceed any savings you might get from not hiring an attorney yourself.
Can I use an attorney for a family law matter?
There is no special certification required for an attorney to practice in family law, however, it may be very beneficial to you to hire a lawyer who focuses on family law and is more familiar with what can be very complex legal issues such as child custody, visitation, child support, spousal support (alimony), enforcement of an order of custody or support, and the partition of community property.
– The above information is not, nor is it intended to be, legal advice, nor is it a complete or comprehensive description of legal issues which may affect you or any other person. Every case is different and the outcome of each case will ultimately be determined by the particular facts and circumstances of each case. You should not rely on any of the above information but rather consult an attorney about your particular circumstances before making any decision or taking any action. It is not possible to guarantee any specific result or outcome of any case.