Legal Question in Family Law in California
Using the same Attorney?
If spouses seeking a dissolution of marriage agree on everything, (child support, alimony, separation of assets, etc.) could one lawyer represent both parties and "formalize" the divorce?
1 Answer from Attorneys
Re: Using the same Attorney?
It depends. They should be no problem with using just one lawyer if all the lawyer is doing is filling out the forms for you and advising you on procedure, assuming that you have in fact agreed to everything before hiring the lawyer. However, if you want the lawyer to actually appear in court and walk for divorce through, the lawyer has to be on record as representing only one of the parties. That's still does not necessarily mean the you need two lawyers. I did handle the case once were the parties had an agreement before coming to me. I took the case representing one of the parties who specifically instructed me to handle the case such that the divorce would go through exactly the way the parties had previously agreed.