The easiest and, if we could say, the best divorce is the one where you do not have to appear in court hearings. If this is the route you would like to take, this type of divorce is called a no-contest divorce. However, since there will be less hearings, some might think that it will be acceptable to have one attorney for the couple.
Although it might seem practical, the Texas judiciary will go against having the same divorce attorney shared between the divorcing couple.
Defining a ‘No-contest’ divorce
Before we discuss why a divorcing couple is not to share a divorce attorney during the process, let us quickly take a refresher on how a no-contest divorce is defined.
A no-contest divorce is a mandate awarded to the couple who agree that divorce is the best route for their marriage. It saves the couple money, lessens the emotional trauma, and there will be less chances that the court will probe into the couple’s personal lives.
There are two basic elements that a no-contest divorce requires, and those are:
- No financial disagreements ie. property, debts, alimony, child custody, retirement funds, etc.
- Expressed agreement and acceptance that the marriage is to dissolve.
In case one of the spouses fails to appear during the initial part of the divorce proceeding, it may also be considered a no-contest. The judiciary may call it as such because the other spouses’ failure to attend may be considered as an agreement to the petition.
A no-contest divorce is encouraged because of its benefits to both the couple. It is faster, and as we’ve mentioned earlier, it will save the couple any costs to their finances and their psycho-emotional well-being.
Even though you have made all of your agreements before approaching an attorney or filing your petition to divorce, you can still not share the same lawyer throughout the case.
Why you can’t share the same attorney in a divorce
At the very core of this issue is that a conflict of interest may arise.
One example of a situation where a conflict of interest may arise is when both couples seek advice from the same attorney.
In such a situation, the best decision for one of the couples may not be the best for the other. Thus, it would be best to have two separate attorneys providing two separate expert opinions to each of the couples.
Can one of us just hire one attorney?
Hiring an attorney can be quite expensive. And yes, if the situation and the finances can only afford one, one of the spouses can hire one attorney while the other will remain as unrepresented.
However, we would like to stress that this can only apply if the divorce is a no-contest or uncontested divorce.
If there is a need for child custody agreements, alimony payments, or any division of property accumulated during marriage, an attorney will be needed to represent the other in the proceeding hearings.
What Turner-Monahan Can Do For You
In such a case that one of the couples cannot afford an attorney for themself and are going through a no-contest divorce, Tyler-Monahan can instead provide one attorney who will be able to write the draft of the agreement.
This written agreement will reflect the terms that you and your spouse have agreed upon. That of which will be signed by the two parties as confirmation that the arrangement had been indeed agreed upon.
Get a Free Divorce Consultation in Fortworth, Texas
Put all of your divorce worries in expert hands. Divorce Attorneys at Turner-Monahan can help provide you with the best legal advice on a no-contest divorce.
For a free divorce consultation in Fortworth, Texas, you may call us at 817-332-4477 or send as an email inquiry at info@testing.bemockdrafts.com. Rest assured that all details will be kept with utmost confidentiality and respect.
