If my spouse has a divorce attorney do I need one?

best bedford divorce attorneyYou probably need your own divorce attorney if your spouse has already retained his or her own divorce attorney. Although divorces in the Dallas/Fort Worth area happen all the time with one or even no lawyers involved, that does not mean it is necessarily in your best interest to go without. If your spouse has retained counsel, he or she intends to protect his or her rights.

Can you hire one Bedford or Fort Worth divorce attorney?

Sometimes both spouses can hire a single divorce attorney to represent in order to facilitate filing the right paperwork for the divorce, custody and child support. This is often a reasonable arrangement when both spouses agree to all the property and child issues. This works if the attorney has no duty to advise either party to the detriment of the other. The attorney is there to make sure the process goes smoothly to completion. However, this is very different from one spouse hiring an attorney on his or her own. When one spouse separately hires a divorce lawyer, the attorney only has a duty to that spouse. The attorney has no duty to the other spouse. The lawyer may even have a duty to act to the detriment of the other spouse. Sometimes one spouse hires the attorney and the attorney informally acts as though both spouses are the client.

The danger for the spouse who is not the actual client is that the relationship is not the same. The non-client spouse does not have the right to confidentiality with the attorney nor does the non-client spouse know the advice given. The non-client spouse is at a disadvantage even if he or she does not realize it. The attorney may specifically advise the client who in turn refers the advice to the other. By assuming the advice is meant to fairly treat each spouse, you could put yourself at a tremendous disadvantage. If your spouse has a divorce lawyer then you should too.

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