Going through a divorce is never easy, and arguing and going to court can only make it even harder. In the best situation, divorce does not occur because all the problem is solved by talking, but if divorce is inevitable, some things can make it easier.
Both parties must be open to an agreement, and a sharing and attorney can help them resolve the situation without going to court. Such a bad situation can be a shade better, and everything can end without great inconvenience.
For those who are still not sure if sharing the attorney a good solution, this text will resolve doubts. In this text, you can read some of the most important pros and cons for that, and after reading, many things should be clearer.
Pros:
1. Complete control over the whole process
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Divorces can be very long and uncomfortable for both parties, and in most situations, the case reaches the court, where the judge gives the last word on everything. It is up to the judge to decide on the division of property and many other things that both parties may find unacceptable.
After that, there is an option to appeal, which can significantly prolong the whole procedure. When the spouses opt for the same lawyer, the whole deal is up to them since the lawyer has the mediator role and needs to explain to both parties their rights and obligations and help them reach an agreement that will suit everyone.
Spouses have the final word, and as soon as they reach an agreement, there is no more need for a mediator, and their job is done. That is a much better option for all those who can have a normal conversation because there is no third party to intervene in the divorce and rule in someone’s favor. Mediators know the law, and they must acquaint both parties with it so that no one is harmed.
2. Complete confidentiality
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The use of mediators is highly confidential, unlike trials, and what everyone should be aware of is that everyone is allowed to ask for transcripts of court records and that they are public. Although a situation in which someone asks for transcripts happens rarely, it may happen, so for those for whom confidentiality is crucial, a better option is to avoid going to court. Divorce mediation can be a great solution because it is entirely confidential, and only the spouses and the mediator participate.
Once an agreement is reached, there is no danger of any information leaking, and everything remains secret. Because of that, many people are choosing this way to get divorced. It is one of the calmest ways, and both sides can get the most from the divorce. Even though we can often hear people talking about how much privacy is important, it is even more interesting how often we let some private details become public, knowingly or not.
All the more reason to at least consider sharing an attorney in divorce since, if it goes to trial, just remember that everything mentioned during one, even some private moments which you wouldn’t like others to know about, could go in the public record.
3. Help with paperwork
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Filling out the paperwork can be a very demanding and tedious job, and mistakes are always possible. One small mistake can cause chaos, so it is better to leave the job to someone who has more experience, is aware of how things work, and how to fill the paperwork in the right manner. Because of that, it is best to seek the help of a mediator during a divorce, as they will make sure that all the paperwork is filled out properly, which can considerably facilitate the divorce, which itself is not easy.
4. Lower costs
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Divorce is never cheap, both because of court costs and, of course, because of the lawyers you have to hire. Sharing a lawyer can significantly reduce these costs, and why not choose to do so if there is still good communication with your spouse, and you can easily reach an agreement. In the case of an arbitration, going to court is not necessary, meaning that you will avoid those high court costs. In these situations, the only thing that requires money is the payment of a mediator who will help you in the agreement, and that is the cost that you can split or share with your spouse. It can save you and the spouse a lot of money which both of you can use to start a new life.
Cons:
1. It is not for everyone
What this means is that if you cannot talk and reach an understandable agreement, there is no point in sharing an attorney as there are great chances that you will, no matter what, still end up in court. When there is a lack of communication and understanding between spouses if one is dishonest or unwilling to compromise on any issue, sharing an attorney will unlikely happen.
2. No legal advice
Although they know the law, they cannot offer any legal advice since their only job is to approve what you agreed upon with your spouse. That is why, once again, when there is a lack of communication or when someone is dishonest, sharing an attorney may not be the best decision. Even if they notice that some party is being deceptive, they must not intervene, and as such, cannot help either one of you. The whole purpose of mediators is to preside over the whole process as the third party.
The bottom line
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For those having trouble making a decision on whether to share an attorney with their spouse or not, this pros and cons list should help a lot, but, in the end, it is all up to each individual and their belief whether or not they can reach a reasonable agreement. And if you still don’t know what to do, where to find the best and renowned divorce lawyer with great knowledge of marital and family law, or want to consult the professionals and ask for advice, click here, and start with your new life.
