Recent Blog Posts in January 2010 |
| January 21, 2010 |
| Can One Attorney Represent Both Parties in a Divorce? |
| Posted By Tim Colgan |
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Many people want to know if they can hire one attorney to represent them both in a divorce action. On the surface, it may seem as though there would be no problem with this in situations where the parties are on relatively good terms and have worked out many of their issues between them. Unfortunately, though, this issue is more complex than it may seem on the surface. As a result, a lawyer cannot represent both parties in a divorce. This situation presents an inherent conflict of interest. This problem is best illustrated by an example:
"A Husband and Wife have decided to divorce and have agreed to the terms of the division of their property. In their conversations, they have agreed that Husband will stay in their house and refinance it when he is able. No time frame is established for the refinance. Husband really wants the house and is unable to refinance now because of poor credit."
If one attorney were trying to represent both spouses in this case, he or she would be caught in an impossible quandary. If the attorney explained to Wife that this deal would make it impossible for her to get financing for a new home she might reconsider the deal thereby angering Husband. If the attorney advises Husband that if he goes through with this deal that he would in essence become a real estate "partner" with his Wife following the divorce and that she could force the liquidation and sale of the property, he may change his mind about the deal, thereby angering Wife.
This is just one example of how trying to serve as one attorney for two parties with differing interests is not possible or ethical. There are options for spouses who are on relatively good terms and want to manage the cost of their divorce. Mediation allows the parties to work with one another to resolve their differences with the help of a neutral third party.
For more information, contact Colgan Marzzacco today to schedule a free telephone consultation with one of our Family Law attorneys or Mediators. |
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| January 12, 2010 |
| What is Relocation in Custody Cases? |
| Posted By Tim Colgan |
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When a parent who has primary custody of minor children wants to move, that parent either needs the consent of the other parent or permission from the court to move the children. While the court doesn't have jurisdiction over where the parent lives, they do have jurisdiction over the children and can ultimately decide if the children will be able to move with the parent. What constitutes a relocation isn't always clear cut. In some instances, a 5 mile move might be considered a relocation because it involves a change in school districts whereas in other cases a 45 mile move might not be considered relocation because the kids don't change schools and the parents are able to follow the same schedule of custody after the move as they did before the move. If it is a relocation case, the court has to consider three things in deciding whether to grant or deny the move: 1. What are the reasons that the custodial parent has for the relocation?; 2. What are the reasons the non-custodial parent has for opposing the move?; and 3. Can a schedule of custody be worked out that is similar to the current schedule of custody?
If you are considering a move, you should check with your attorney before moving or before committing resources to the move (down payments, changing jobs, etc.). If you'd like to discuss this issue or any other issue you may be experiencing, give us a call at (800) 615-0115. Our telephone consultations are free. |
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