GRAND RAPIDS, Mich (WOTV) – It is not unusual for one spouse in a divorce to be unrepresented by an attorney by their own choice. If this happens to you, don’t be surprised when your attorney contacts and communicates with your spouse and discusses the details of your divorce. It is difficult for many clients to understand how their attorney can work with both parties. Many people know that there is an attorney/client privilege that prevents the attorney from revealing the contents of information given to them by their clients and so they are angered and upset to find that their attorney has been contacting and speaking to their soon-to-be ex. When there is no attorney on the other side, however, it is mandatory for your attorney to work with your spouse as he would with another attorney. This does not mean that she is helping ‘the other side’, but she will be communicating about court dates, talking about possible child custody scenarios, property division and spousal and child support. Without communication between the two parties it is impossible for a divorce action to move forward within the court system.
The job of your attorney is to represent your interests in the divorce case. She will not advise your spouse or reveal anything that is not pertinent to your case. Your attorney will, however, notify your spouse of court dates and send reminders so that the case is not delayed because your spouse missed a required appearance. Having your case delayed will result in the cost rising and the time extending until the divorce action is resolved and you are divorced.
It is not a good idea to represent yourself in a court action. That is why we hire attorneys and take advantage of their knowledge and expertise of family law to ensure that we are able to go forward after the divorce without difficulties due to errors in the proceedings. If children are involved, it is even more imperative that a professional handle the issues of parenting time, support and legal and physical custody. Your attorney will, therefore, be making sure that your interests are protected when it comes to these serious issues when dealing with an unrepresented spouse.