I have read this is risky because a lawyer can only represent one party but husband has said if we agree on everything & show no signs of disagreement that a lawyer can simply file the paperwork. He said its only a conflict of interest if we start disagreeing at which point the lawyer will say they can't represent either one of us. Is this true? If so, would we be able to attend a lawyer together to both be present to make sure the terms are indeed what we agreed to in advance? The lawyer would not be able to do anything behind my back right? I should mention that if we do go this route that my husband will be the petitioner & will most likely will be the one arranging the attorney to file the paperwork. I would consult my own lawyer beforehand just to know if I know what I'm doing.
An attorney can never represent both parties. If the parties wanted to use one lawyer, one party would be represented and the other party would be pro-se (without a lawyer). The attorney would not be able to provide any advice to the other spouse, not would he or she be obligated to tell the other party if the deal is good or bad for them.
The comments made herein are of a general nature and are not offered to create a formal attorney-client relationship. In order for an attorney-client relationship to be created, I must first meet with you in person to glean all of the relevant facts.
You can certainly use one attorney to handle the entire case. That happens quite frequently.
This is quite normal actually. I just finished two of them recently. It is true that one party is "pro se" but they still will get a chance to review everything ans sign off on it. If there truly is no disagreement, then the process is typically pretty smooth.
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