When a Lawyer is Essential

If you have children, or assets other than automobiles with a value of more than a few thousand dollars, each spouse should consult a lawyer. A lawyer is also essential if one party is to pay support.

If you and your spouse are cooperating and want to save money by having the same lawyer, you are placing that attorney in a position where he or she is representing conflicting interests. You can do it that way if the lawyer is willing and makes the required disclosure but it is better for each spouse to have their own attorney.

You can still save money by having the first attorney do the work and simply use the second attorney for an independent, second opinion. Try to get the first lawyer to agree to a fixed fee and hire the second attorney on an hourly basis. Have the first lawyer do all the work and limit the second lawyer to reviewing it and providing independent advice to the other spouse. Even if the second lawyer only devotes an hour or two to providing independent advice it is worth it to have a second opinion as to the fairness of any agreements reached and any documents that have been drafted.

Irreconcilable Disagreements

If you and your spouse cannot resolve your differences, even with the help of a mediator, you should each have your own lawyer. The party without a lawyer is at a very great disadvantage. If you have a reasonably competent attorney, the money you pay in legal fees is likely to save you even more money in the long run.

The cost will largely be determined by the number of differences between you and your spouse. The more things you fight about, the more you will pay your attorneys. So it makes sense to again analyze the issues like a business problem and decide what your priorities are. It is better to invest your money in the few issues that are most important to you and give up the rest than to try to win on everything. It's important to understand the facts of life about litigation before you decide to go to court.