Can Both Spouses Use The Same Attorney To Dissolve Their Arizona Marriage?
- posted: Mar. 28, 2016
You and your spouse may fully intend to divorce amicably and, before you begin the divorce process, you may believe you already reached agreement on all the important settlement issues. However, sharing one lawyer for your divorce is not allowed under ethical rules, responsibilities and obligations that an attorney must adhere to. Both parties need an advocate who is dedicated solely to their individual interests.
Reasons you need your own Arizona divorce lawyer
Nearly 30 statutes govern the details of divorce in the Dissolution of Marriage section of Arizona marital and domestic relations law. You need your own lawyer to protect your specific interests in many ways, including:
- Preventing you from agreeing to property division terms that will lead to future issues for your specific circumstances, even though they seem fair on the surface
- Conducting a detailed financial assessment that can lead to the discovery of assets hidden from the financial records of your spouse
- Helping ensure you have the documentation to justify the receipt of any alimony you need, whether to offset financial contributions you made during the marriage or to help you maintain a reasonable standard of living after divorce
- Making sure your children receive the financial and emotional support they need from both parents, rather than just a convenient compromise
What happens if only one spouse hires an attorney?
If only one spouse hires an attorney, that attorney will represent only spouse who retained the services. This may be effective if the couple has already completed mediation, come to an agreement and require minimal legal services.
If you or your spouse wants a divorce, you probably have natural issues of contention —no matter how civilized you try to be during negotiations. Those issues may emerge at any time during your settlement discussions, but they may not become apparent until after finalization of the divorce. You need your own Scottsdale divorce lawyer to improve your chances of achieving a fair resolution that helps you move forward with your life.