When you are in a relationship you may share many things. However, when the relationship ends, you can’t share an attorney.
The first thing that you need to know is that there is no such thing as “our” attorney in a family law case. There is no way to get around this. If an attorney is involved, that attorney is either his attorney, or her attorney. This rule applies whether it is a divorce, paternity, custody, visitation, or child support matter. So, before you and your opposing party decide to meet with an attorney together, you must first understand how this works.
But what if we agree on everything?
Most family law cases are settled by agreement at mediation or at some point short of trial. Agreeing on the terms of a divorce or paternity case is a good thing and is certainly much better than letting a judge make decisions for your family. However, just because you agree does not mean that you don’t need representation.
If your spouse/opposing party is trying to convince you to go together to meet with an attorney, and you have not personally hired that attorney, that means you are not the client. Why does this matter? Because that attorney is not obligated to help you. Quite the opposite. That attorney is ethically obligated to represent their client, not you.
Here is the bottom line: There is no legitimate way for one attorney to give legal advice to or represent both the Petitioner and the Respondent in a divorce or paternity case. Period. No exceptions. You need to hire your own Oklahoma divorce attorney, even in straightforward uncontested matters. Don’t give in to the temptation to cut corners.
Copyright 2022 Pete D. Louden Attorney at Law, Louden Law, PLLC. All rights Reserved.