Getting divorced can be financially draining. If you and your soon-to-be ex-partner are amicable, sharing a single Salt Lake City divorce lawyer may seem like a good way to cut costs. However, taking this course of action isn’t possible.
Utah law prohibits attorneys from taking on a client when doing so constitutes a conflict of interest – and in a divorce, even on that’s uncontested, each party has inherently opposing interests. As such, you and your spouse cannot use the same divorce lawyer.
Why a Divorce Lawyer Cannot Represent Both Parties
The two parties involved in a divorce case may be in complete agreement, but there is always the potential for conflicting interests.
Attorneys in Utah are bound by ethical rules. Lawyers are tasked with providing representation pursuant to each client’s objectives, and they have an equal duty of loyalty to every client. If an attorney were to represent both parties in a divorce, their duty to one spouse would conflict with their duty to the other.
How so? If a disagreement were to arise, one which no one anticipated, a divorce lawyer may know how to effectively resolve the issue – but doing so would most likely benefit one spouse over the other. To avoid this type of ethical dilemma, Utah law does not allow a divorce attorney to represent both parties.
Do Both Parties Need a Salt Lake City Divorce Lawyer?
As a cost-saving measure, divorcing couples can agree to have just one attorney involved. But to be clear, a divorce lawyer will be representing one party – the other party will remain unrepresented.
In this situation, the divorce attorney would draft a decree that reflects what the two spouses have agreed upon. Both parties sign the document, and then it is submitted to the court for approval. This is a simple approach, but taking it is really not recommended.
What is best for you may not be what’s best for your spouse, and the person who hired the divorce attorney is the only one who will someone looking out for their interests. Without a lawyer of your own, the outcome of your case may not be what you expect.
Talk to an Experienced Salt Lake City Divorce Lawyer Today
Regardless of how friendly you and your spouse are, you should consult with an experienced divorce attorney. In Salt Lake City and the surrounding northern Utah area, Trevor Casperson of Solon Law is here to meet your needs.
We can draft a divorce decree or review a decree drafted by another attorney, making sure that the document is not slanted in favor of your spouse. Or, if you prefer, you can turn to Solon Law for full-service divorce representation. Whatever you decide, you can expect affordable legal fees.
At Solon Law, we aim to resolve legal matters efficiently, and for a reasonable cost. For more information on our services, or for a free consultation with a skilled and experienced Salt Lake City divorce lawyer, contact us today.