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Do I need My Own Attorney for an uncontested divorce?

5/23/2022

 
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It is not unusual for only one party to have a lawyer in a Kentucky divorce case.  We have cases like this all the time.  That said, keep in mind that no KY lawyer can represent both you and your spouse in the same divorce case.  If you hire our office to represent you, we make this very clear to you and your spouse at the outset.  

Why is it problematic for your spouse to have an attorney and for you to go without?  The attorney representing your spouse must have tunnel vision while representing his or her client.  There should obviously be no intent to deceive you by the other lawyer, but at the end of the day, that lawyer may not be able to protect his or her client’s interests and yours simultaneously.  In those circumstances, the client comes first.  This leaves you vulnerable to unintended consequences of an agreement that you may be otherwise willing to sign.  Based on these considerations, the best and safest practice is to hire an attorney of your own who will only be looking out for your interests when preparing documents, reviewing documents drafted by others, and overall representing you.  An unintended consequence of an agreement does not always arise, but it is always better to have a lawyer on your side who can try to anticipate and prevent problems rather than reacting to them.  
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Also keep in mind that if you have any doubt whatsoever, you should hire a Lexington KY lawyer sooner rather than later in the process.  If you wait until after you have already signed something and hire an attorney to represent you, he or she may not be able to do you any good.  The damage may already be done. 


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