Can My Spouse and I Share the Same North Carolina Divorce Lawyer?
At Daly Mills Family Law, our divorce attorneys in Mooresville represent clients throughout North Carolina, so they can pursue the best legal course of action to dissolve their marriages without delay.
Unfortunately, that means representing one side or the other — even when both spouses are amicably ready to dissolve the marriage without a fight.
Legally, a divorce attorney cannot represent two spouses at the same time because it creates a conflict of interest, as outlined in the Rules of Professional Conduct outlined by the North Carolina Bar Association.
However, there are alternatives to going to court. Our Iredell County divorce attorneys explain.
Amicable North Carolina Divorce Alternative
If you and your spouse have agreed that you both want to keep your divorce out of the courtroom, so the decisions are private and completely in your control, you have a couple of options.
However, each will require you to have your own attorney to finalize the paperwork and ensure your rights are protected from the beginning.
First, you and your spouse may sit down at home, and outline how to divide your property, who will get custody of your children, and what type of spousal or child support one will — or will not — receive. It is beneficial to have each spouse’s attorney review the details of the agreement before you sign anything.
If divorce conversations are not going as smoothly as you believed they would, but have not reached litigation level, you may want to consider divorce mediation services as a solution.
Mediation can reduce the stress, time, and costs of a divorce while allowing you and your spouse to make legally binding decisions using a neutral third party who can positively guide the conversation when it gets off track.
All divorce decisions, including property division, child custody, spousal support, and child support can be determined during mediation, so disputes are controlled and resolved before the agreement is reached.
It is important to note, mediation is not the divorce, itself. The agreement should still be reviewed by each spouse’s attorney, so each detail is legally satisfied before it is reviewed and finalized by the courts.
What if One Spouse Does Not Want to Hire a Divorce Attorney?
If you and your spouse are eligible to file a simple divorce in North Carolina, which is not complicated shared children, property, or finances, one spouse may hire a family law attorney to outline the Complaint for Absolute Divorce and a Civil Summons and file the paperwork on their client’s behalf.
Once the other spouse is served with the divorce papers, a hearing is scheduled. If he or she signs the paperwork without issue, the sole divorce attorney can file a Motion for Summary Judgement so neither party must attend the hearing.
To be clear, the divorce attorney is only representing the individual who hired him or her and is obligated to proceed with their client’s best interests in mind.
If issues with the petition occur once they are served, or the other party refuses to sign the paperwork, the attorney will work on their client’s behalf to help secure the best outcome.
Contact Our North Carolina Family Law Attorneys Today for a Consultation
At Daly Mills Family Law, our divorce attorneys focus on each of our client’s unique legal needs, and that begins by keeping our caseloads small. Each time you contact our office, you will have access to attorneys and support staff who can answer your questions, allay your fears, and develop practical legal solutions that make sense.