The biggest misconception people have when filing for divorce in Las Vegas is whether to hire a divorce attorney or not. In such a case, they will call and say, “Well, we really don’t have anything to fight about”, and the truth is that they often have not fought through the entire process in the sense that they may have a couple of small kids, aged 10 and 8 or 6 and 4 and this judgment that they’re ultimately going to reach is going to be the foundation of how their parenting time and custody is going to be arranged and going forward until these kids are 18. That is always subject to change but only when there has been a significant change in circumstances, which is a fairly significant legal hurdle that has to be met in order to modify the original judgment of divorce.
At times people are only thinking about this moment in time as to whether there is anything to fight about and they are not thoroughly thinking about the future in the next few years or the next several years. Also, a lot of times with assets, things are more complicated than people realize such as when both people have their name on the mortgage to the house and one person’s going to keep it but maybe they can’t refinance and so the person who lose their name on the mortgage is going to be facing some consequences when they go to get their own loan.
So, there are just a lot of details with regard to the divorce process especially when there are children involved that people would not know to think about without someone who has been through at many times explaining things. So, the biggest misconception is just that a lot of people don’t understand why they need an attorney but the process is more complicated than they think.
Would It Be Safe To Say That Even If Someone Isn’t Initially Starting Out With Some Huge Ugly Divorce, Both Have Separate Attorneys?
Yes. Clients who have substantial estates or a private business or already have a heated custody issue, know they need lawyers and they want their own lawyers, that goes without saying. This includes people that think they don’t have these obvious issues that need help. A lot of times, people call an attorney and ask, “Well, look! We really would like to use one lawyer. Can we use one lawyer?”
And the answer to that question is both people cannot be represented by one lawyer. If you stop and think about it, there is an obvious conflict of interest there. So, if a lawyer is speaking to you and giving you advice about what you should do or what your interests and rights are, and then the lawyer talks to your husband and tells him what he should do and what he should work out, these are working and these are not consistent goals and objectives. In this case, the information that the lawyer has now learnt about one individual can be applied to the advice that is given to the second individual or vice versa. So, it’s just no way for one attorney to ethically represent two clients.
Having said that, Attorney has had many cases where he was the only attorney involved. In such cases, he makes it clear to one client or the other that he is their attorney. The other party is then what is called “Improper”, which means representing themselves. They can call the attorney and say, “What do we have to do next”, and the attorney procedurally leads the way on the case. However, in such cases, it is always made clear that the attorney will only represent the interests of one party. That way, the lawyer prepares all the paperwork in a professional manner and it’s all done properly with all of the required language and all of the statutory requirements that the court insists upon and all of the issues are covered and not forgotten or left out and that works in many cases. The real issue with that is just to make sure that the one party who is not represented is comfortable handling things on their own because the attorney cannot give them legal advice.