The assistance of legal professionals is often necessary during collaborative divorce. Spouses need attorneys to advise them of the law. They may need assistance as they negotiate with one another or advocacy during mediation sessions.
The goal is ultimately to settle all major disputes outside of court and proceed with an uncontested divorce as calmly as possible. Spouses frequently hope to control their expenses during collaborative divorces.
Working with the same attorney might seem like a straightforward way of limiting divorce costs. Although it may seem like a good idea, one attorney typically cannot represent both spouses.
Attorneys cannot prioritize two people at once
Attorneys generally should not take cases where they have significant conflicts of interest. Representing someone litigating against an existing client is a clear conflict of interest.
An attorney typically cannot fulfill their fiduciary duty to two spouses simultaneously. Michigan law does allow two attorneys from the same firm to represent the spouses separately during collaborative divorce. However, securing truly independent representation is often the best option. Doing so helps ensure that each spouse has someone focusing on their best interests during the divorce.
Retaining a separate attorney isn’t a sign of wanting a combative divorce. It’s a smart move that ensures there is someone focusing on their individual rights and long-term goals. An attorney’s guidance can help people understand their rights and minimize conflict while they collaborate.
Spouses who learn about the collaborative divorce process can often settle their disputes peacefully and divorce with minimal conflict. Learning more about the rules that govern collaborative divorce can be helpful for those trying to divorce as amicably as possible.