THE SHORT ANSWER: NO
Even if you and your spouse agree on the terms of your Judgment of Divorce prior to filing for your divorce, you still may not attend a consultation together with Schmitt Law, PLLC.
TO ELABORATE…
The reason why Schmitt Law, PLLC will not meet with both parties at the initial consultation is that ethics prohibit an attorney from representing both parties in a divorce. If both parties meet with Schmitt Law, PLLC, both parties may naturally believe their interests are being represented by Schmitt Law, PLLC. And, in the State of Michigan that simply cannot be the case. The rule is that an attorney can serve only one master.
BUT WE REALLY HAVE AN AGREEMENT AND DON’T WANT TO START A FIGHT
It may be true that you and your spouse have worked out all of the details of your divorce agreement. However, it is not unheard of for one or both spouses to change their minds after filing the divorce. And, if your case takes a turn, and litigation is required, who does the attorney who provided you and your spouse the initial consultation really represent?
Before you sign your Judgment of Divorce, you may want to ask questions of an attorney privately. But you are concerned that your spouse will think you want to “fight” in court. However, seeking a consultation separate and apart from your spouse should not translate into litigation.
And, if your agreement is durable, it’s not likely your spouse will believe that because you wish to consult with an attorney, the deal is off, or believe you are seeking to enter into a litigated divorce.
WHAT ARE OUR OPTIONS?
If you and your spouse know that you will be able to maintain civility through the divorce process, then we may take a “team approach” to your divorce as follows:
- You would have an initial consultation with Schmitt Law, PLLC
- Once you retain Schmitt Law, PLLC as your counsel, then we may begin working as a team to file and complete your divorce.
- You and your spouse would decide when to file the divorce
- You and your spouse would provide the details of your agreement to Schmitt Law, PLLC
- Schmitt Law, PLLC would prepare the Judgment of Divorce to comport with your agreement
- You and your spouse would review the Judgment of Divorce, and provide Schmitt Law, PLLC with any changes you require
- Once we have finalized the Judgment of Divorce, you and your spouse would sign it
- Once the Judgment of Divorce has been signed, Schmitt Law, PLLC would schedule the final hearing
- Once the Judgment of Divorce has been signed, Schmitt Law, PLLC would schedule the final hearing
Note that the “team approach” may only take place if your spouse does not retain an attorney of their own. If your spouse retains an attorney, we would be unable to work as a team, and communication would take place between Schmitt Law, PLLC and your spouse’s attorney.
A GENTLER DIVORCE. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.
At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.
