Spouse’s Lawyer
Can I use my spouse’s lawyer for our divorce? I’m Tulsa Attorney James Wirth and that is the question that we have. Sometimes one of the parties will say, oh, I’ve hired a lawyer, you can use him as well, we’re in agreement anyway. Well, it doesn’t work like that. If you’re using their lawyer, then you don’t have a lawyer. You’re unrepresented and they have a lawyer. And it’s important that you recognize that.
So if everyone’s in agreement, that’s great. Neither one of you are required to get a lawyer. And if one of you wants to get a lawyer to help to enter your agreed order, that’s great. But you must be aware that attorney does not represent both of you. By the ethical standards required of attorneys in Oklahoma, that attorney cannot and is prohibited from representing both of you. So whoever contacted that attorney, attorney’s representing them and not you.
Understanding the Risks of Using Your Spouse’s Attorney
It’s kind of a risky area. So it requires trust if you guys have an agreement and you’re trusting her to have her attorney enter what you’ve agreed upon. And it’s not always necessarily what’s in those documents that you read when you’re signing do I agree to this agreed order. A lot of times what you’re gonna get screwed by is the stuff that’s not in there that you don’t even know about.
Sometimes there’s default provisions in the law to where if they leave it blank in the decree, you may not know anything about it. But what it actually means is it goes by the default, which may be something that’s against you. So particularly we see this come up with regarding claiming the kids for tax purposes. If one party is the primary custodian, has the kid six months or more of the year, then under IRS rules, they get to claim. So they can leave that completely blank in the protective order, or I’m sorry, in the decree. You don’t even know that you’re giving it up, but that would mean that that party gets it where if you could have negotiated, you might be able to alternate that.
Seeking Legal Advice for Your Divorce
What’s important to know here is that, no, you cannot use the other party’s attorney. That other party’s attorney is their attorney. But you are not required to have an attorney of your own. You can trust that your significant other that you’re essentially divorcing is going to do what you guys have agreed upon. If you want to do that, then you can rely that they’re going to get it entered with their attorney without you having one. Just note that person doesn’t represent your interest, does not have to disclose things that would be negative for you. That person represents the other party.
Schedule a Low-Cost Initial Strategy Session
If you’re dealing with this scenario and want more specific advice on what to expect in your case, it’s important to seek legal advice. This requires meeting with an attorney privately and confidentially. To get that scheduled with a lawyer at my office, you can go online to MakeLawEasy.com to schedule a low-cost initial strategy session.
