If a divorce is imminent, you may wonder what you can do to eliminate as many obstacles as possible. As such, you may consider whether you and your soon-to-be-ex-spouse can use the same divorce lawyer. Please continue reading to learn if this is possible in New York and how a trusted Garden City Divorce Lawyer can help you understand your legal options.
What is a No-Fault Divorce?
New York allows couples to file for a no-fault divorce, which means that neither spouse blames the other for the failure of the marriage. If you file for a no-fault divorce, you can cite irretrievable breakdown or irreconcilable differences as the reason for the termination of the marriage. However, you must prove that you have been experiencing irreconcilable differences for at least six months before filing for divorce.
Can One Lawyer Represent Both Parties in a Divorce?
Regardless of whether your divorce is uncontested, meaning you and your spouse agree on all of the terms that will apply to the termination of your marriage, you are still technically on opposing sides. As such, any lawyer who represents one spouse is prohibited from simultaneously representing the other spouse, as this situation can create a conflict of interest. New York law does not permit divorce lawyers to represent both parties as it could lead to undue influence on decisions or agreements made. Therefore, you and your spouse will need to hire legal representation to advocate for your best interests. It’s important to note that even though you must retain separate legal counsel, lawyers can still work together to negotiate a fair agreement between the parties.
While you cannot go into court sharing a lawyer, you don’t necessarily need to settle your disagreements in court. Many couples opt for mediation or a collaborative divorce. If you decide to utilize an alternative dispute resolution such as divorce mediation, you can use one lawyer. However, the lawyer will not represent you or your spouse. Instead, they will oversee the mediation process as a neutral party.
Furthermore, you can choose to represent yourself, but this is not advised. Many people underestimate how complex divorce proceedings can be, which can result in mistakes that delay the legal process. To maximize your chances of achieving the best possible outcome, it’s in your best interest to enlist the legal services of an experienced Garden City divorce lawyer, who can effectively represent your interests and protect your rights. Connect with the Law Offices of Eyal Talassazan, P.C., to learn more about how we can fight for you today.
