Are you wondering, “Can one lawyer/attorney represent both parties in a divorce?” If so, the short answer is no.
At times, both sides to a divorce have a complete agreement. Moreover, some divorces can be completed amicably, with zero conflict or negative emotions. With civil divorces, both sides may believe that a single lawyer/attorney can represent both sides. Despite this common belief, one lawyer cannot represent both sides to a divorce.
In New Mexico, each divorcing spouse needs a separate lawyer. A conflict of interest is created when both sides are represented by one attorney. You see, a divorce may begin friendly and amicable – yet end bitterly contentious.
Each party to a divorce has competing interests. Accordingly, a single lawyer cannot ethically advise both sides about how the agreement reflects their best interests.
DO BOTH PARTIES NEED AN ATTORNEY IN A DIVORCE?
Both parties are not required to hire a divorce attorney. With that said, divorce laws can be technical and confusing. For example, the unique facts of each marriage can impact how New Mexico law applies to the unique divorce.
As such, at a minimum, it is essential to speak with an experienced divorce attorney. An experienced Albuquerque divorce attorney can help you understand how NM laws apply to your unique marriage.
Failing to speak with an experienced attorney could lead to an unfair agreement. For instance, possibly one’s spouse will use emotional manipulation to get more than normal under law. Moreover, one spouse may hide financial information, or keep the other side in the dark. Based on lack of information, one spouse may be accepting a bad agreement.
Divorce can be an emotionally draining and stressful process. During the process, many questions and concerns may arise. For example, you may wonder about how NM divorce laws apply to your unique situation. Moreover, you may want an experienced attorney to act as a buffer between you and your ex. Finally, a divorce attorney can help you to feel empowered and deflect unwanted manipulation tactics.
WHY CAN’T ONE ATTORNEY REPRESENT BOTH SIDES TO A DIVORCE?
Because it is a conflict of interest. At its core, divorce involves two sides. Each side has competing interests. Consequently, an attorney cannot ethically represent both sides with conflicting interests. Doing so is a conflict of interest.
CAN ONE ATTORNEY/LAWYER COMPLETE OUR UNCONTESTED DIVORCE?
Yes. One attorney can complete the necessary uncontested divorce papers. However, a single attorney cannot represent both parties. As such, both sides need to understand that the attorney only represents one side’s interests. This disclosure is usually contained in the divorce documents. In doing so, the disclosure usually advises the unrepresented side to consult or retain an attorney.
Do you have an uncontested divorce? Do you and your ex agree on all elements necessary to complete your divorce? One attorney can potentially handle the necessary divorce papers. However, the attorney can only represent one side. Consequently, the other side will either be unrepresented – or need to retain counsel.
CAN ONE ATTORNEY ACT AS A DIVORCE MEDIATOR FOR BOTH SIDES?
Yes. A single attorney can act as a mediator, helping both sides reach a resolution. However, both sides must understand that the attorney does not represent either side. Moreover, the mediator cannot subsequently represent either party with future divorce litigation.
Mediation is a process where a trained, third-party helps guide both sides to a resolution. Mediation is often helpful when parties have a realistic chance of resolving disagreements out of court.
During mediation, both sides meet with the neutral party and attempt to reach an agreement on financial issues, such as dividing assets, debt, and spousal support. A trained mediator can also help both sides reach an agreement regarding custody, visitation, and child support.
A mediator can also help both sides understand the necessary divorce papers and filing process. Finally, a mediator can assist both sides with drafting the needed paperwork.
TALK WITH AN ALBUQUERQUE DIVORCE ATTORNEY NEAR YOU
Are you going through a divorce and wondering, “can one lawyer/attorney represent both parties in a divorce?” Alternatively, do you have legal questions about New Mexico divorce? If so, you need an experienced divorce attorney that can explain and advocate for your rights.
For over a decade, Matthew Legan Sanchez has handled divorces across New Mexico. You may believe that you cannot afford an experienced and effective divorce attorney. However, possibly you cannot afford to complete your divorce without a seasoned and successful attorney at your side. Talk with a divorce lawyer in Albuquerque that understands NM law. Talk with (505) SANCHEZ.
