Do I Need A Lawyer?

One attorney cannot represent both you and your spouse in a divorce, even if the divorce is amicable and you and your spouse have agreed on everything. Ethical rules that attorneys are obligated to follow do not permit an attorney to represent opposing parties in any kind of case. This is called a conflict of interest. Your spouse’s attorney has a duty to look out for your spouse’s best interests, not yours. Even if you think the agreement you have reached is fair, it may not be and you can benefit from having your own attorney review it. Of course, you can always represent yourself, but if your spouse is represented that is probably not a good idea as you will be up against a professional with far superior knowledge.

Yes, you want a tough attorney, but don't confuse toughness with lack of cooperation. You don't want an attorney who refuses to cooperate with your spouse's lawyer in scheduling meetings or exchanging documents. Nor do you want an attorney who refuses to negotiate on anything or advises you never to compromise. An attorney shows toughness by (1) telling you the truth about your chances and helping you develop realistic goals; (2) negotiating vigorously with your spouse's attorney to achieve a fair settlement that you and your spouse both can live with; and (3) being prepared and professional in court. An attorney who does not cooperate with your spouse's counsel will only increase your costs, exacerbate the hostilities between you and your spouse, and drag out your divorce.