Dissolution of marriage is often an amicable way of ending a marriage. Both spouses agree on all terms, from property division to custody arrangements. They sign a shared separation agreement and file it as a joint petition. In Ohio, both spouses must appear together in court to confirm their agreement to the settlement. This cooperative approach can make the process quicker and less adversarial.
Since the couple agrees, one question arises: Can they use the same lawyer? Here are more insights about dissolution in accordance with Ohio law.
Can one lawyer represent both spouses?
It is a common question for couples hoping to save time and money. Unfortunately, the answer is no. Even if the split is friendly, Ohio law and attorney ethics do not allow this. In dissolution, each spouse’s interests, rights and needs should be considered separately. Additionally, an attorney must remain loyal to one client’s best interests.
If the couple shares the same lawyer, it is impossible for the lawyer to remain neutral if any disagreement arises. Thus, each party should have their own legal advisor.
Are there any alternatives?
If the couple does not want to hire two lawyers, they can still “work with” one lawyer. In such cases, one spouse hires an attorney to represent them. Meanwhile, the other spouse proceeds without a lawyer (also called pro se). Under this proceeding, the attorney prepares all the paperwork. Moreover, they can only advise their client, not both parties. Since this is the case, the unrepresented spouse should consult an attorney to review the agreement. It ensures that everything is fair, and both parties fully understand the agreement.
Another route to go is hiring a mediator. The mediator does not represent both spouses but could help them reach an agreement. They could assist with conversations and resolve any sticking points. Similarly, the couple could have legal document preparers approved by the courts. Ohio courts provide standard dissolution forms for couples to complete independently. These neutral helpers can assist with the process but cannot give legal advice to either side. Only a licensed attorney can provide legal advice about their rights and obligations.
What are the next steps?
It is admirable when spouses can end their marriage on friendly terms. It also eases their emotional and financial strain compared to a nasty court battle. Dissolution allows this to happen. Remember, however, that one lawyer is not shared—they are one spouse’s attorney. It is wise that each spouse gets independent legal advice. It ensures that they fully understand their rights and that the agreement they reach is fair and in line with Ohio law. Always remember that friendly cooperation plus good legal clarity is the best recipe for a successful dissolution.The post Can both parties use the same lawyer for a marriage dissolution? first appeared on Baker & Wick LLC.
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