If both spouses agree to divorce as well as the basic terms of dissolving the union, having one attorney finalize the paperwork seems like a good idea. On the surface, a single lawyer simplifies the process and saves money.
Despite a couple’s alignment on the divorce issues, the North Carolina State Bar prohibits an attorney from representing both parties in any legal matter – including divorce.
Separate Attorneys Provide Protection
Attorneys are bound by the code of professional legal conduct. Technically, spouses are opposing parties in a lawsuit and their concerns are incompatible. Representing both sides of an issue is a conflict of interest.
If your spouse hires an attorney to draw up divorce settlement paperwork, you can sign the documents without legal representation. Understand, though, that your spouse’s attorney cannot advise you and is only obligated to ensure the agreement is in the best interests of your spouse. Hire your own attorney to review the agreement.
Your attorney will look out for you and fully explain the immediate and long-term consequences of the agreement. Your legal counsel can shed light on potential problems that you had not considered.
North Carolina divorce laws are convoluted. Attempting to handle your divorce on your own could result in missed and incomplete documentation that can prolong the process. An attorney with deep knowledge of divorce laws is best suited to navigate divorce requirements and procedures.
Divorce Can Turn Adversarial
What begins as a so-called friendly divorce can turn nasty quickly. Maybe you aren’t as much on the same page as you thought. Questions about property division, child custody, child support, and alimony are not only practical considerations. These divorce issues are very personal and emotional.
Your attorney does so much more than represent you. They fight for your rights and concerns and make sure you understand the consequences of any aspect of the divorce, even tax implications. An experienced lawyer also notices red flags that one spouse may be hiding something or withholding financial information.
Divorce Options Outside of Litigation
Mediation is a great option for spouses who remain on good terms. The mediator can be an attorney, but they will not provide legal advice. They can, however, help you better understand North Carolina divorce law. The mediator meets with both spouses at the same time. They guide the conversation and ask questions for each spouse to consider. A mediator finds the points of agreement and helps spouses reach a compromise in areas of dispute. Both spouses, not the mediator, have complete control over the outcome. The mediator can create a draft agreement based on the results of mediation.
For couples experiencing deeper discord but wishing to avoid litigation, arbitration might be the right fit. Like a mediator, an arbitrator is a neutral party. Where the difference lies is that an arbitrator operates similarly to a judge. The arbitrator will listen to testimony and review evidence. The arbitrator, not the spouses, have the final say in the divorce agreement.
Spouses can be represented by attorneys in mediation and arbitration proceedings. Mediation and arbitration are less time-consuming, more private, and usually less costly than going to court.
Safeguard Your Rights
When you hire an attorney from Jetton & Meredith, PLLC, you hire extensive family law experience. Our goal is to help you find a divorce resolution through skilled negotiation, mediation, or arbitration. When that is impossible, we stand ready to argue your side in court.
Find out how we can help you through this challenging time. Schedule a no-cost consultation online or by calling (704) 931-5535.