The short answer? No. Divorcing couples are not permitted to use the same divorce attorney. In fact, divorce lawyers are prohibited by Texas law from representing both spouses in a divorce. Having two clients on opposite sides of the same matter creates conflicts of interest, as the legal advice of an attorney may be directly against the best interest of the other spouse.
Even in cases of an uncontested divorce, Texas attorneys are still ethically prohibited from representing both parties. And even if they weren’t, would you really want to have the same lawyer as your spouse? The decisions made in your divorce negotiations and by your family law judge are binding and often affect the rest of your life. You deserve to be represented by Frisco divorce attorneys who have only your best interests in mind.
Why having individual legal representation in divorce matters
If you’re able to work out a compromise with your spouse on critical issues like child possession and visitation, child and spousal support, and division of assets and debts, you may rightly wonder why you can’t share the same lawyer.
However, even if you believe that you and your spouse agree on everything, there may be some important details you overlooked or didn’t know you needed to resolve. Separate representation benefits you both for several reasons:
Conflict resolution
You may not realize that you and your spouse have a conflict of interest until you start ironing out the details of the divorce settlement. A single attorney cannot provide good advice to each spouse, as their interests aren’t the same. Having your own lawyer means you’re getting advice that benefits you, your goals, and your future.
Protection for your property rights
Even in a fairly amicable divorce, it’s not unusual for one spouse to manipulate the other out of their fair share of property and assets. For example, did you know that you may be entitled to an equal share of all retirement investments, even if they’re part of your spouse’s 401k? You may also be eligible for a part of their pension. Bet your spouse didn’t mention that.
Your lawyer knows the details of Texas property rights in a divorce and fights for your fair share (even half of your accumulated airline miles).
Bespoke legal guidance
You deserve personalized legal advice for more than just property rights. If you have primary physical custody of shared children, you’re likely entitled to child support, even if you make more than the other parent. Your attorney can ensure you get your fair due, including establishing who pays for what share of non-recurring expenses, like camp or sports fees.
What if one spouse has a lawyer and the other doesn’t?
You don’t have to hire an attorney to file for divorce in Texas, and you don’t have to have a lawyer in divorce court. However, there are distinct disadvantages to not having a lawyer even if your divorce is uncontested.
Firstly, there are specific protocols for introducing evidence in court. If your evidence isn’t presented correctly, it won’t be considered. Your lawyer knows which motions to file and how to get favorable evidence before a judge.
If you have a lawyer, and your spouse does not, then you have a considerable advantage. Your attorney knows the courts, procedures, and often, the judge and their preferences and quirks. They ensure that the decree reflects your best interests and accomplishes everything you need for a brighter post-divorce future.
Protecting your future with legal support
Are you considering divorce or going through a difficult separation? The decisions you make now can impact your finances, your family, and your future. You deserve strong, experienced legal representation that puts your best interests first.
Are you considering divorce? You deserve good representation. Please contact Albin Oldner Law at (214) 423-5100 for a consultation.
