Introduction to Attorneys

1. Divorce is a legal process

• Divorce is termination of the marital contract
• May seem more emotional or financial but ultimately it is legal
• Having an attorney is optional but understanding the law is not

2. Role of an attorney

• Attorney is the same thing as a lawyer
• An attorney is a trained and licensed legal professional
• Multi-faceted roles: advocate, advisor, counselor (your “friend” throughout the divorce process)
• Can represent you in court, written documents and negotiations
• They can be  key to making sure you understand the law and make decisions in your own best interest
• But some people feel comfortable proceeding without an attorney – “pro se” or self-representation

3. Zealous Advocate

• Attorney must work on your behalf
• Ethically obligated to support you so cannot also support your spouse
• Three structural options for divorce
  • No attorneys
  • One party has an attorney, the other is unrepresented
  • Two attorneys – one for each of you
• Very unusual for one attorney to be able to represent you both (BEWARE OF THIS)

4. Conclusion

• Your personal circumstances will dictate your decision on representation
• The following modules and other resources provided will help you decide if you need an attorney, walk through how to find an attorney, and then guide you in how to efficiently and effectively work with an attorney.

Assessing your negotiation style may help you determine how to best work with an attorney if you have one. Try the PartWise quiz here.