Mar 25, 2016

You are ready to file for a divorce, but you hope to minimize the costs and overall process by using the same attorney your soon-to-be ex will be using. The problem is, your Michigan divorce may be held up in the process. While it may not be illegal to use the same attorney as your spouse in your divorce, in most cases it can be a costly mistake. And, as a result, many judges will have to take a closer look at the proceedings before moving such a case forward.

What's the Problem?

It may seem like a good idea to use the same attorney. However, both parties should have their own legal counsel providing their own specific guidance. There is the risk - no matter how trustworthy your attorney is - that you may end up with a case in which one person walks away with a more favorable outcome than the other. If and when this happens and one attorney is present, it can lead to a lack of trust.

Instead, you need your own attorney to address some of the most important aspects of the divorce process with you, separately, including:

• Division of assets and debts
• Considerations for alimony
• Consideration of child custody and support
• Decisions about property ownership and sales
• Division of property purchased prior to the marriage

If you do not have an attorney that is working just for you, get one. This way, you can freely ask questions and get another view on what you are agreeing to within the divorce. The goal of a divorce is to ensure that both parties walk away with the best ability to start their new life over, unless there is some level of fault. Unless you have a skilled attorney by your side helping to defend you and fight for your rights, you may miss out. Insist on your own attorney to safeguard all of your rights.