Wednesday, September 3, 2014

Get an Ethical Divorce at a Price You Can Afford

Over one million people divorce in America every year. Divorce is the ultimate anti-climax to the happiest, and often most expensive, day of a couple’s life together. While "till death do you part" is a traditional dream, it can easily turn into a walking nightmare. Marriage holds value, but so does divorce. Unfortunately, finances are often such a concern by the time the couple decides enough is enough that there’s little breathing room for extra expenses. One question that is often proposed at the beginning of a divorce is, “Can we share an attorney?” The quick answer is no. There are very specific reasons why your Michigan divorce attorney won't offer joint divorce services but will offer options to work around the conundrum.


Ethical Concerns

Let’s face it, if you’re trying to save money by over-working an attorney, the last thing you want or need is to be charged for double the time spent on your case. Divorce attorneys can easily charge an average of $200–$300 per hour, and those who are “less than ethical” may make the profitable move of offering dual services to both parties. But this option should be avoided at all costs. Most states ban unethical shared representation due to the fact that, in most cases, one divorce attorney simply cannot protect the needs of both clients simultaneously. It's a waste of money, and both you and your soon-to-be-ex suffer in the end. A honest, competent divorce attorney will admit that it is not an ethical practice to represent both clients.

Hiring a neutral mediator may be an alternate option. Those who agree to an uncontested divorce benefit the most from using a mediator. In this case, the mediator is an actual divorce attorney who simply answers questions and educates each partner of various parts of the law. No advice is given, so no sides are taken. It’s sort of the legal version of WebMD.com, but with a doctor actually standing beside you saying, “Your issue is not an engorged prostate because you’re a 23-year-old woman complaining of foot pain.”

Conflict of Interest

Another important reason shared divorce attorneys aren’t recommended is the conflict of interest, which builds on the ethics issue. Legally, when one spouse hires an attorney, lawyer-client privilege immediately sets in. So even if the person who signs the contract says, "I’d like you to represent both of us,” conflict of interest deems it impossible to do so. The divorce attorney represents, protects, and guides the person who signs the contract. Period. It’s your Michigan divorce attorney’s job to protect the interests of his or her specific client. Remaining amicable and keeping the divorce uncontested throughout the process helps ensure it happens as quickly and affordably as possible. But one divorce attorney can only represent one person in the relationship.

In a very simple divorce situation, where property or income divisions are not problematic and children are not involved, both parties may not require representation. The key word there is "may." Oftentimes, amicable issues quickly turn heated when emotions flare or one spouse ends up benefitting significantly more than the other. At that point, the attorney may simply make the strong suggestion that the unrepresented spouse hire his or her own attorney before continuing the divorce procedures.

If you’re in Macomb County, Michigan and find yourself in need of divorce advice, we’re here to help. No two divorces are identical, and yours very well may be the easiest one we see all year. But regardless, if representation is needed, you both must have separate options. We can provide assistance and solutions to help ensure everyone lives happily ever after.

Make sure your specific interests are protected. Contact Femminineo Attorneys today.


Femminineo Attorneys
Michigan Divorce Help
110 S Main St #200
Mt Clemens, MI 48043
United States
(586) 954-9500
http://www.michigandivorcehelp.com/

No comments:

Post a Comment