Using the Service of a Paralegal
When trying to save a little time and money in filing for divorce, parties may want to consider using the services of a divorce paralegal to help resolve issues or draw up documents to be filed in court. The services of a paralegal can often save money because, while most are knowledgeable about the laws in question, they're not admitted to practice law in court. Paralegals would be to attorneys as physician assistants are to doctors. They oftentimes possess knowledge such that they can look over forms and settlement agreements and decide whether the attention of a divorce attorney should be sought to resolve the matter.
Using Legal Counsel
A divorce attorney can assist parties who have come to the conclusion that divorce is ultimately the result of disolving a marriage. The cost of hiring a divorce attorney can range from virtually free, should income guidelines be met, to the sky. Parties that are sincere about agreement on issues within the marriage, including custody, visitiation, child support, division of assets and property and ultimately the divorce, can often hire a divorce attorney to look over any agreements that they come to and make sure that the procedural aspects of the law are followed.
Divorce Law and Using An Attorney
Divorce law can be complicated if you are not versed in legal settings and matters. As with any type of law, there are specific rules and time frames that must be followed to accomplish a legal separation or disolution of a marriage. Online forms available at reduced costs can aid one in educating themselves in the laws of divorce particular to your state. State laws do vary and it is important that you know for sure that the laws you're reading do pertain to your state. Procedure can vary as well, which is why many people, even though they have reached an agreement before filing for divorce, often seek the services of a divorce attorney. If for no other reason than to look over the settlement documents, it might be a good idea to consult with a divorce lawyer.
Mediation Through Divorce
One way to minimize not only the financial cost of filing for divorce, but also at times, the emotional cost of divorce, is to use an attorney or third party for divorce mediation. A divorce mediator can sit down with the parties after receiving a list of the issues, and attempt, without interjecting any type of legal ruling, to resolve whatever issues the parties cannot solve on their own. Oftentimes, the cost of mediating a divorce situation can be less than time spent in court when you consider the cost of paying two attorneys versus one mediator. Before mediation begins, the divorce mediator will have the parties agree to work together as best they can to resolve issues and work together for the common good of both parties. Both parties will also most likely have to sign a statement agreeing to abide by whatever mediation agreement is reached and that it will become a part of the divorce file, like any of the other pleadings.
Divorce Lawyer: Same Lawyer for Both Parties
To answer the question of whether a divorce lawyer can represent both parties in a divorce, in short, no. Because of the oath that any lawyer takes, it is unethical and illegal to represent two parties who have the same, yet differing interests in a lawsuit. Filing for divorce is filing a lawsuit essentially between two parties that have either agreed or alleged that the marriage relationship and contract is no longer viable. Even when parties agree on all the issues, a divorce lawyer can only legally represent one party. It might be advisable for both parties to seek legal advice to make sure that their interests are being fairly represented in any matter, including filing for divorce.