Hello everyone. It’s Chris Pritt back again with a new topic in West Virginia divorce. Today, we’re going to be talking about what to do in the event that your soon to be former spouse has an attorney.
The number one thing that you need to remember when speaking or working with an attorney that is representing your spouse is that they are there to fully and completely represent the interests of your spouse. So they have absolutely no duty to do anything to help you. Now that’s not to say that they can’t work with you on some level, but just keep in mind that they are working totally to benefit your spouse. Sometimes I have cases where somebody comes to me and they want me to represent both of them. Well, I can’t do that ethically. I am prohibited from representing two people during a divorce in West Virginia as that is considered to be a conflict of interest. So I won’t do it. One of the things I always try to make clear when I’m working with somebody in this capacity is that I represent one person or the other. So that’s very important. You really need to make sure that you’re on top of that.
When speaking with an attorney oftentimes people are able to reach an agreement. I’ve had cases where somebody tells me to draw up an agreement and what to put in there, and that’s what I do. I don’t deviate from that. I oftentimes try to get out of the way of interference with the two people who are trying to reach an agreement. However, at the same time, my job is to represent one person. You do have situations where a person can step in and serve as a mediator. We don’t do this at our office at this time, but you do have people who can function as a mediator. If they are a true mediator their job is to try to facilitate an agreement between the two people. It should be very clear that they are in fact serving in the role of a mediator. Now, if you go into court though, that means they’re not going to be there with you. Each one of you will be representing yourself.
One of the things that we often do is we will represent one person in court and we will go in there. At the same time, again, it comes down to representing solely that person’s interest. So you have to be very understanding of that concept. They are their job. If their client wants them to do everything they can to make sure that you get the least amount possible they will. Now your soon to be former spouse might not take that perspective. He or she may want this to be fair, and I can tell you customarily lawyers, at least around here, do not typically get in the way of that. However, you need to be very, much on guard and you need to make sure that you dot your I’s and cross your T’s. If the other person has an attorney and you don’t have one, it’s a risk. So you just need to be aware of that.
So that consists of today’s topic. If you have any questions at all, feel free to give us a call at (304) 720 4412 or email us at chris@prittlaw.com.
