Can an Illinois Divorce Lawyer Represent Both Me and My Spouse? 

 Posted on March 28, 2022 in Family Law Blog

Even for spouses who get along fairly well, divorce in Illinois can be a complex and expensive affair. Spouses may wonder whether sharing a divorce attorney could save them time and money, especially if they want to cooperatively reach a resolution on issues like asset division and child custody.  

However, no matter how well-intentioned spouses are towards each other, the fact is that divorce attorneys may only represent one partner in a divorcing couple. Attorneys are required to abide by ethical obligations that protect their clients, such as maintaining the attorney-client privilege and never allowing conflicts of interest to mar their representation of a client. Because even the most cooperative divorcing spouses necessarily have different and often opposing interests, an attorney representing both spouses would run into obvious conflicts of interest. 

Why Should I Hire My Own Attorney?

Even if your spouse decides not to hire a lawyer and represent themselves, you will be better off if you hire your own attorney. Having a lawyer review your proposed settlement to make sure you are getting a fair property division and making a sensible parenting agreement can help you avoid going to court and having a judge refuse to allow the divorce settlement because it is not equitable or in your child’s best interests. Divorce decrees are generally permanent, and an attorney can help you avoid errors or poor decisions that may affect you for many years. 

Ways to Save Money During Divorce

If finances are a concern for you and your spouse, there are a few things you can do to save money. First, you can begin working on issues that you agree about before you even hire an attorney or file for divorce. If you are truly cooperative, you may even be able to file for an uncontested divorce, which can be a major time and money saver. Second, you can seek limited-scope representation from your attorney, which allows you to get legal representation only for certain things, like court dates or paperwork. Third, you can retain the services of a mediator to help you reach a resolution about issues that you struggle to agree about. 

Meet with a Skilled Lombard, IL Divorce Lawyer

Understanding the Illinois divorce process is essential for ensuring you get a fair divorce decree that reflects your needs and priorities. To get your questions answered and start your divorce with outstanding legal representation, schedule an initial consultation with the experienced Lombard divorce attorneys with A. Traub & Associates. We represent our clients with passion and skill and will work hard to give you the help you deserve. Call us today at 630-426-0196. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000 

https://www.forbes.com/sites/emmajohnson/2015/12/29/getting-divorced-5-ways-to-save-thousands-of-dollars/?sh=1c9a1ca9346b