Ohio offers several options for legally ending a marriage. In qualifying cases where spouses agree that they want to end the marriage and on the terms for doing so, dissolution can be an option. Marital dissolution in Ohio is a relatively fast and cost-effective process, especially when compared with a litigated divorce. Spouses submit agreements to the courts, and a judge approves the terms they set. The process is much less time-consuming and contentious than a traditional divorce.
Spouses preparing for dissolution may hope to limit the total amount spent on the divorce. One of the cost-saving measures they might wonder if they can employ involves using one attorney to represent both spouses during the dissolution process. Can the same lawyer effectively represent both spouses during dissolution proceedings?
Each spouse needs their own attorney
While it may seem reasonable for spouses who agree on the details of a pending dissolution to share an attorney, a lawyer cannot uphold their legal duty to clients at the same time when their interests oppose one another. Lawyers have a fiduciary duty to their clients, which means that they must act in their best interests.
An attorney cannot meet that duty for both spouses in a dissolution scenario, as the interests of one spouse may counter the best interests of the other. Representing both spouses in a dissolution proceeding is a problematic conflict of interest.
Each spouse needs a lawyer to review the proposed dissolution terms to ensure that they are fair and appropriate. They need to educate their clients about the law, help them understand their rights and review all proposed terms to ensure they are reasonable.
However, one attorney can prepare the dissolution paperwork while representing one spouse. The other spouse then only needs a lawyer to review those documents. They can avoid the expense of hiring a litigation specialist and work with an attorney who can help negotiate fair terms instead.
Spouses who understand the rules that govern dissolution can avoid common complications and pitfalls, such as post-dissolution disputes based on a claim that one spouse did not receive adequate representation from an attorney.
Working collaboratively in pursuit of an Ohio dissolution is a reasonable approach to the end of a marriage under many circumstances. The team at Baker & Wick LLC can help draft documents for a peaceful dissolution, allowing spouses to avoid the expense of litigation lawyers.