Can a Divorce Lawyer Represent Both Parties in Illinois?

Updated on August 25, 2022
Updated: August 9, 2022

Can a divorce lawyer represent both parties in Illinois? Individuals that want to have an uncontested divorce in Illinois often want to go through a divorce where the cost is minimal. Generally, individuals are at times curious about the part the involvement of an attorney in an uncontested divorce.

In Illinois, a divorce attorney may represent either party in a divorce action. However, if the case involves any issue related to child custody, then the attorney should only represent the parent who does not have legal custody of the children. If the parent with legal custody wants to hire a divorce attorney, he/she should do so before filing for divorce. In addition, the court will require the non-custodial parent to pay half of the fees associated with the divorce proceedings.

If the couple is seeking a divorce based on irreconcilable differences, they can file for divorce without hiring a divorce attorney. However, if the couple is seeking a dissolution of marriage, then they should hire a divorce attorney. A dissolution of marriage is different than a simple divorce because it requires the court to divide the marital assets between the two spouses.

Why You Should Use Separate Attorneys During a Divorce

There are many reasons why people choose to use separate attorneys. One of them is that they may have different ideas about how their divorce should go down. Another reason is that they may not trust each other's attorneys enough to allow them to work together. In some cases, people want to keep their personal lives out of court. If you are going through a divorce, then you may need to consider using separate attorneys.

If you hire separate attorneys, you can make sure that both parties receive equal treatment. One attorney may not be able to represent both parties equally well. Below are some of the instances whereby an individual would prefer to use separate attorneys.

FAQ: How long does it take to get a divorce in Illinois?

Representing Both Clients Would Be a Conflict of Interest

When representing a client, a lawyer should maintain the highest ethical standards. Lawyers should never use their professional status to gain an advantage over their clients.

A lawyer who represents both sides of a case may find himself/herself in a position where he/she is forced to choose between two clients' interests. In order to avoid being placed in such a situation, lawyers should only represent one side of a case at a time.

Conflicts of interest arise when two people are representing different interests at the same time. In divorce cases, these conflicts can occur if one person wants to keep certain items while the other wants them gone. By hiring separate attorneys, you can prevent any potential conflict of interest.

If There Are Disputes Over Child Support or Custody

If you have any disputes over child support or custody, you should always hire separate attorneys. This is because having two lawyers working together may lead to conflicts of interest. These conflicts could arise due to the fact that each lawyer wants to win the case for their client. Also, they may not want to work together because they do not trust each other.

In addition, if you have any disagreements about how to handle certain aspects of the case, you need to make sure that you have two different people representing you. One person cannot represent both sides of the dispute.

two rings sitting on top of divorce papers, Divorce Lawyer Represent Both Parties

There Are Issues With Alimony or Property Division

Alimony is money paid to a spouse who was married to someone else at some point. The person receiving alimony will often receive payments until they remarry or reach retirement age. Alimony is usually awarded to help pay off debts, cover childcare costs, or provide additional income.

The amount of alimony you receive will depend on several different factors. First, the court will look at the length of the marriage. Second, they will consider how long you were married before the divorce was filed. Third, they will take into account any children born during the marriage. Fourth, they will determine how much time you both spent together during the marriage. Fifth, they will consider the standard of living you had during the marriage. Sixth, they will consider the current income level of each party.

Seventh, they will evaluate the earning capacity of each party. Eighth, they will consider the property owned by each party. Ninth, they will consider the tax consequences of the alimony award. Tenth, they will consider the age and health of each party. Eleventh, they will consider the fault of the parties. Finally, they will consider any other relevant circumstances.

If you are considering getting divorced, then you should hire an attorney. An attorney will make sure that everything goes smoothly. He or she will ensure that you follow the proper procedures and that you are treated fairly. Also, an attorney will help you avoid making mistakes that could cost you money down the road.

FAQ: How much does a divorce lawyer cost in Illinois?

Mediation as an Alternative if You Both Agree On an Uncontested Divorce

In the mediation approach to divorce, both parties meet with a neutral third party who helps them work out their differences. If they cannot agree, then the mediator may suggest solutions to help them reach a compromise. There are many advantages to using mediation instead of going to court. One advantage is that it costs less than going to court. Another advantage is that it takes less time than going to court. A final advantage is that you don't have to worry about losing everything you own.

We would like to help you when you are going through a divorce and to represent your interests. If you and your spouse are going through a rough divorce in Illinois you will likely need separate attorneys. A divorce lawyer from Tomalieh Law can represent you and help make sure that you get what you deserve. We care about our clients and we are passionate about helping families get settled after a divorce. Give us a call, tell us about your case, and let’s get started.

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