You cannot have one attorney represent both husband and wife in a divorce. It is a conflict of interest. If an attorney represented two parties in a dissolution, divorce, annulment or legal separation, he or she would be subject to discipline for ethical violations. Attorneys know this or should know this. If you think both you and your spouse are being represented by the same attorney, think again. Ask yourself this – who signed a fee agreement with the Attorney? That person is the client. That is the ONLY person an attorney is representing. A Divorce Lawyer KnowsAttorneys generally try to be pretty clear about this, but unfortunately, sometimes people believe their spouse rather than what the attorney says. Even though an unrepresented party in an Utah dissolution must sign an acknowledgement saying that the attorney represents only their spouse and not both parties, sometimes people believe that the acknowledgment is “just paperwork”. It’s not just paperwork, it’s real, and I can tell you, as a Utah divorce attorney we want things done right. If there is only one attorney involved and you did not sign a fee agreement with that attorney, then you do not have an attorney and your spouse is the only person getting legal advice about his or her best interest. You are entitled to represent yourself in a dissolution. Each spouse can have their own attorney, each spouse can choose not to get an attorney, or one spouse can hire an attorney, but in Utah you cannot have one attorney representing both spouses in a dissolution, divorce, legal separation or annulment. For more information about deciding whether or not you need an attorney to handle your divorce. Grounds for Divorce. There must be grounds for dissolution, just like divorce. Generally, people agree to the “no-fault” ground of incompatibility. There are 8 grounds for ending a marriage in Utah, but once parties start going down the blame path things generally start to disintegrate. Is either spouse going to pay spousal support to the other? Spousal support is a touchy subject. Nobody likes being court ordered to pay spousal support. But when reaching agreement on this issue, the sensible approach is to look at what a judge would decide if the parties cannot agree. To learn more about spousal support, or alimony, in Utah. If spousal support is going to be paid
Free Consultation with a Divorce LawyerIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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