Attorney Introduction
A brief overview of the attorney role and expectations for an attorney in divorce process.
Attorney
Also known as lawyer, a legal professional who is trained and licensed to provide legal advice and representation to one individual (or one party) in a divorce, separation or other family law matter.
Lawyer
Also known as attorney, a legal professional who is trained and licensed to provide legal advice and representation to one individual (or one party) in a divorce, separation or other family law matter.
Party
One of the individuals involved in the legal case of divorce, sometimes also labeled as Petitioner, Respondent or Co-Petitioner.
Pro Se
Also known as unrepresented, a Latin term meaning “for himself” when a client proceeds in a legal matter, like divorce, without an attorney and is self-represented.
While divorce is officially a legal process, you don’t need to have an attorney to obtain a divorce. There are many considerations that may influence your decision to seek legal representation or alternatively represent yourself (see module on Pro se/Self-representation). If you decide to work with an attorney, finding one can be a challenge and you should think through how to best work with that attorney once hired. By being prepared on your own, you may be able to cut down on the expense of a lawyer and you may also feel more confident working with your attorney in the process.
What is an Attorney?
Before jumping into all the details on working with an attorney, it is important to understand what it means to hire an attorney for a family law matter. An attorney, often referred to as a lawyer, is a legal professional who is trained and licensed to provide legal advice and representation to one individual (or one party) in a divorce, separation or other family law matter. Attorneys play a multifaceted role in the legal system, serving as advocates, advisors, and counselors to their clients. You might think of an attorney as your “friend” at the negotiation table or as the person who officially speaks and/or acts on your behalf in the process.
Your attorney could represent you in court proceedings, negotiations, and other legal settings. They might draft up your legal documents, present arguments in court, or advise you of your rights. They are trusted advisors to their clients, offering expertise on the law and how it impacts a particular situation. From interpreting laws to providing strategic advice, attorneys can play a pivotal role in helping you navigate divorce and empowering you to make informed decisions.
Attorney's Obligation
An attorney is obligated to work diligently on your behalf to achieve favorable outcomes. An attorney is ethically obligated to be a zealous advocate. Two divorcing spouses inherently have adverse or conflicting interests, meaning advice to one spouse could potentially negatively impact the other. This means that one lawyer cannot represent both spouses in a divorce. So, regarding representation, there are three ways to complete a divorce:
- Both parties are unrepresented (no attorneys)
- One spouse has an attorney and the other is unrepresented (one attorney)
- Both spouses have attorneys (two attorneys)
There may be some very unusual situations where one attorney can draft up the paperwork for both clients but you should be aware that an attorney in that situation is likely NOT looking out solely for your interests.
The following modules will answers all questions related to deciding if you need an attorney, finding one, and then working with that attorney through the process.
Assessing your negotiation style may help you determine how to best work with an attorney if you have one. Try the PartWise quiz here.
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