Should we get separate lawyers for a divorce?

I want to be able to move the children out of state but I also don’t want to be taken advantage of about money for the boys and myself.

Asked on July 24, 2012 under Family Law, Pennsylvania

Answers:

Chris Miao / The Law Office of Lee & Miao, PLLC

Answered 8 years ago | Contributor

You definitely want to invest in separate attorneys for your divroce proceedings UNLESS since you and your soon to be ex-husband have agreed on all terms of the divorce and the custody of your children.  Then either one of you can retain an attorney to perform an uncontested divorce.  The attorney will represent only one of you, the other will be pro se (without attorney).  However, since all the terms of the divorce are already set, it should not be an issue to just have one attorney prepare and file all the paperwork for you.

In the alternative, if there are issues with the division of the marital assets and the custody of the children, it is definitely advisable to retain your own attorney.  

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It would be advisable for you and your spouse to have separate attorneys representing both of you in your divorce because there will inevitably be conflicts of interest.  Those conflicts of interest or even potential conflicts of interest would render it unethical and would raise questions of professional responsibility for the same attorney to represent both spouses in a divorce.


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