FAQ: Can One Attorney Represent Two Spouses in A Divorce Action?
Can One Attorney Represent Two Spouses in A Divorce Action?
Frequently we receive calls from cooperative spouses, asking if both parties are able to retain one attorney. While legally one attorney cannot represent two parties in any divorce action, we are able to help clients who wish to have an efficient and amicable divorce process without traditional divorce litigation.
Joint representation of both spouses by an attorney in Michigan is not permitted. Many times callers will ask our firm, “What about if we mutually agree on the terms of our divorce settlement, action for separate maintenance or annulment?” The answer remains the same, No. This is because the law presumes parties involved in a lawsuit have adverse interests to one another even when they are in agreement.
Thankfully, in Michigan the legislature found a way to help those who do not necessarily have divergent solutions for their legal issue and created a process for parties who settled to file a court by mutual agreement. A law was enacted that simplifies the process for Divorce and other Family Law matters when parties reach a Pre-Filing Settlement. Instead of filing a traditional lawsuit, parties are able to jointly file a Petition to enter their Consent Judgment of Divorce or Order. This new, fast-tracked process is designed to be quicker and more efficient than the traditional lawsuit process. A Pre-Filing Settlement works well for spouses who have reached a settlement. In these scenario, one party may hire an attorney to place the mutually arrived agreement in writing to present to the court as a Pre-Filing Settlement. The other party has the option, but not obligation to seek out the independent representation or advice from separate unbiased attorney.
At Banfield Couling, we offer our Streamline Divorce℠ process that is perfect for parties that have or are able to reach a Pre-filing Settlement. This process is available to parties who do not have unusual or complex issues. For parties with complex or unique legal issues we offer both traditional and limited scope representation to assist parties whom may have unique legal needs due to pre and post nuptial agreements, active military, division of retirement assets, bankruptcy or other intellectual property interests. In most cases, flat rates are offered once an agreement has been reached. Please contact us if you would like to find out more about this process.
PLEASE NOTE: This blog is not intended to constitute legal, financial and/or tax advice. We do not recommend making important decisions of the type addressed in this article without specific legal or tax advice by a licensed accountant or lawyer.