Lawyers and Uncontested Divorce

Abogado llevando un divorcio de mutuo acuerdo
What role do we as lawyers play in an uncontested divorce process when we represent both parties at the same time?

In uncontested divorce processes, we encounter a couple who wishes to dissolve the bond that unites them, with all the effects and consequences that this entails. To carry out this procedure, the figure of a lawyer is necessary. One lawyer or two?

In practice, there may be two lawyers, one representing each party, or one lawyer representing both parties at the same time. This latter case is more frequent than one might think. What are the reasons? Mayor rapidez, más sencillo y económico.

In these cases, we lawyers play a completely neutral role. We do not take a position in favor of the interests of either party; instead, we look out for both parties. Siempre les mostramos los pros y contras de cada decisión o de cada punto que vayamos a tratar.

Furthermore, we are immediately obliged to inform the other party of any contact we have with one of them. For this reason, if we need to outline the basis for the effects of the divorce, all meetings held at the office must take place in the presence of both parties.

Consequently, when we at Martinez & Caballero Abogados handle an uncontested divorce in which we represent both parties simultaneously, we manage these types of cases with the utmost rigor and neutrality. Son procesos muy delicados para las partes y los abogados desarrollamos un papel fundamental.


Anna Nicolàs Torán

Lawyer, Family Law Department at Martinez & Caballero Abogados

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