DIVORCE USING ONE ATTORNEY

It is a conflict of interest for one attorney to represent both sides of a divorce. In some cases the spouses have agreed on the terms of their divorce settlement. An attorney can represent one spouse, draft a separation agreement with the terms his client and his or her spouse have agreed upon, and have those terms reviewed and agreed upon by the other spouse with or without legal counsel.

This process can save considerable time and money but is not recommended for complex divorces or where there are substantial assets.

LITIGATED DIVORCE

This is the process that most people are familiar with, thanks to stories from the media, friends, or relatives who have suffered through a divorce.  Each party hires an attorney, then digs in for a fight with their soon-to-be ex for the most they can get from their shared assets.  Litigation involves costly use of the court system with its inherent pressures, delays, and formalized discovery. In litigated divorce, a Judge with limited knowledge of your situation just might make very important decisions that affect the rest of your life.  This is very risky, and unnecessary.

Although litigated divorce has its place, it is expensive and stressful. Creativity is limited and the client frequently loses the ability to self-direct the terms of the divorce. Litigation can be a useful process when issues are complex, where formal discovery is necessary, or when one spouse is substantially disadvantaged.