If you are facing divorce, it’s important that you have your own divorce lawyer for women. While it’s understandable to think about using the same attorney, considering that you and your spouse have likely done most things together during the time of your marriage, and while it may seem like a cost-saving measure, it’s neither ethical nor in your best interests to use the same Columbus, Ohio lawyer.
Why the Same Columbus, Ohio Lawyer Can’t Represent Both Parties in a Divorce
It’s not uncommon for two people who are hoping for an amicable divorce to talk through whether it might be possible to use the same attorney and thereby save some money. You may also be thinking that the divorce could be finalized more quickly. Having the same attorney isn’t possible, however, nor is it a good idea, and for the following reasons:
Ethics
It is a violation of legal professional ethics in almost all cases for a lawyer to represent two parties who are fundamentally opposed to one another. Even if you and your spouse are hoping for an amicable divorce and largely get along quite well, you are still on opposite sides in a legal battle. That legal battle does not have to be contentious, but it’s just a reality that your interests are not 100% aligned. Professional good practice does not allow a lawyer to represent opposed parties in this way because of the enormous potential for conflict of interest.
Potential Conflicts of Interest
Even if you and your spouse have already reached an agreement about what you consider to be all the contentious aspects of a divorce, such as child custody, spousal support, and the division of assets, there is still a lot that the average lay person doesn’t know about divorce. Unless you have been divorced multiple times and are very familiar not only with Ohio’s divorce laws but also with the local Columbus courts and how they interpret these laws, you are almost certainly going to run into issues that you weren’t expecting.
As soon as that happens, you and your spouse may suddenly find yourselves with a conflict of interest. At that point, your lawyer would have to choose which one of you to side with, and that situation is not good for anyone.
Effective Representation
In many divorce cases, the spouses’ first thought is a lawyer they’ve worked with before as a couple. This might have been a real estate attorney who helped you buy your house or an estate attorney who helped you to draft your wills and estate plans. It’s quite natural to want to stick with someone you know.
However, an attorney who has helped you in another area of law will also not be able to ethically represent both of you in a divorce at the same time, and there are some very good reasons that you want someone specifically with divorce law experience on your side. Here are just a few to consider:
Knowledge of the Law
The law is enormous and complex, and a lawyer who specializes in real estate transactions or business law cannot bring that same level of knowledge and experience to the table when it comes to divorce. You want someone who knows Ohio’s family law code and the precedents surrounding divorce inside and out.
Experience in Contentious Negotiation
Divorce always has the potential to become contentious, no matter how well meaning the spouses are when they begin the process. Negotiation in a divorce is quite different from negotiation over a business deal, which tends to be more objective and detached. When you’re talking about divorce and family, emotions come into things very quickly.
You want someone on your side who understands what you’re going through, who knows what can happen when two spouses get together to hammer out difficult details in a divorce, and who has the objectivity to handle emotionally charged situations in a way that continues to pursue your best interests while also keeping things fair and helping to defuse tension.
Protecting Your Children
If there are children involved in your divorce, having an experienced family law attorney on your side is particularly important. The way a child’s parents get their divorce will have a significant effect on a child, and the best way to minimize the trauma and emotional suffering that a child goes through is to have legal help from someone who has the best interests of your child in mind and knows exactly how to get things done while protecting them.
Familiarity with Columbus, OH Courts
The local family courts do things in a particular way. Someone with experience in these courts will know the judges, the personnel, and many of the other family attorneys who may end up representing your spouse. This familiarity makes it easier for a family law attorney to argue your case and negotiate effectively and gives them an advantage over an attorney whose experience lies elsewhere and who hasn’t spent much time in the family courts.
Access to Specialists
In many divorce situations, it becomes necessary to bring in specialist experts. For example, you may need a forensic accountant who can dig into your ex’s finances to find out if they’re trying to hide assets. You may need a private detective to help uncover behavior on the part of your spouse that would make them unfit for custody of the children.
Even if none of these things are an issue, you may need a divorce tax expert to help you understand the implications of your financial decisions or even a family counselor who can help you and your children through a difficult time. A divorce lawyer for women knows what you’re going through and will have connections to recommend among experts they trust.
Choosing a Divorce Lawyer for Women
Once you find out that you cannot share a lawyer with your ex, your next thought might be to try just not having an attorney at all. This is particularly tempting in situations where the two spouses initially assume that things will be amiable. This is almost always a mistake, and especially for women.
Women often find themselves on the wrong end of a power imbalance in these situations, and having your own lawyer evens the playing field and ensures that your best interests are protected throughout the process. This will be especially important if your spouse ends up getting an attorney: if you don’t have one, that gives them yet another advantage over you.
At Woodford Sathappan McGee, we specifically fight for the rights of women in Ohio, Texas, Indiana, and Michigan divorce and family law cases. Our goal is not just to represent you but to empower you with knowledge of your rights and the law, so you can make the right choices for your own future and for your children.
We are skilled at high-conflict negotiation, dealing with divorces where numerous assets are involved, and keeping track of even the little things. We’ll bring all our experience to bear on your case to get you the best possible outcome and fight for your rights at every step. Don’t try to go alone. Contact us at Woodford Sathappan McGee in Columbus, Ohio now for help.
