Can we share a divorce attorney in Florida?
Can we share a divorce attorney in Florida?
NO. If your spouse’s attorney tells you that you and your partner can use the same attorney in your divorce, they are wrong. In Florida, a family law attorney is not allowed to represent both parties in a divorce, as this creates a conflict of interest. This is because an attorney is required to act as an advocate for their client, and it is impossible to advocate for both sides at the same time. (To read more on this, go to: https://www.floridabar.org).
What is really happening (probably without being said), is that the attorney is acting as an advocate for the person who hired the attorney (i.e., trying to get them the best outcome possible, at your expense).
I have represented many clients who got a very bad deal in their divorce because they believed the attorney who drafted the agreement was representing both parties, and that the agreement was “fair.” Sometimes these clients were not even aware that they got a bad deal until after they obtained separate legal advice. Unfortunately, once an agreement is signed, it is extremely difficult, expensive and in most instances impossible to overturn, since in Florida, parties are allowed to enter into unfair agreements which are then upheld by the courts.
The lesson here: obtain legal advice by your own attorney BEFORE you sign any type of agreement. Make sure that your attorney has reviewed the final draft of the document BEFORE you sign or initial it. And do not assume that google has the correct answers to your legal questions…because family law is very fact intensive with the outcome varying significantly depending on the specific facts in your case. Finally, do not put ANYTHING in writing…because it is possible to establish an agreement via an email exchange in Florida, without even signing a document.
Brenda F. Nelms, Esquire; Families First Law Firm, P.L.; Sarasota, FL; Telephone: (941) 925-9070.
At Families Firm Law Firm “Where your family comes First”. Serving Sarasota, Tampa, Bradenton, Venice, Port Charlotte and surrounding areas.