Extra Considerations When Lawyers Get Divorced
There’s a common misconception that all lawyers know all forms of law. Just like other professionals, there are a number of practice areas, and it’s very difficult to know them all. When lawyers get divorced, it can present a host of special challenges, whether the lawyer knows divorce or not. At the Law Offices of Todd K. Mohink, P.A., we’re here to help. If you’re an attorney facing a divorce, consider speaking with our office before trying to handle any phase of your case alone.
Appearance of Impropriety
One of the first concerns you should understand is that there is naturally a power imbalance, whether real or just perceived, when a lawyer enters into a divorce with a spouse. Whether you’re an experienced and seasoned divorce lawyer or just a brand-new attorney who practices in a totally different area of the law, the court is going to naturally look at you as having a superior bargaining position and superior understanding of the law. Therefore, any agreement you reach and any document you and your spouse sign will be highly scrutinized by the judge.
Undue Influence and Unconscionability
Some lawyers feel that if they could just get the template, write up the papers, and work it out together, they and their spouses could get an affordable and amicable divorce without all the headaches of a traditional divorce. While this may seem like a practical and sensible solution, consider how those settlement documents will look to outside observers. You, the knowledgeable attorney, wrote a legal document, got your spouse to sign it, and took advantage of the situation. That’s how it will look to the outside world. This means a court may not choose to accept it, or a good divorce lawyer may later be able to undo the agreement, arguing that you exercised undue influence or that the agreement was unconscionable.
A lot of attorneys today make money in ways that are far less traditional than the general public may realize. Some attorneys do freelance work, perform tasks for three or four law firms or may be solo practitioners just barely getting by financially. They often have extremely high student loans that take decades to repay, and all the normal monetary obligations. Still, the general public still thinks all lawyers are rich. They assume you have money, whether you do or not. Judges are no exception. Some attorneys with modest income have been more severely scrutinized by judges when being asked to prove a lack of income.
Work with an Experienced Divorce Attorney
It may seem tough as an attorney to think about hiring a fellow lawyer to represent you in a family law matter, but even if you have experience in this realm, it’s usually best to let someone who is emotionally unattached work with you and serve as a conduit for achieving your goals. Give the experienced Columbia divorce lawyer at the Law Offices of Todd K. Mohink, P.A. a call in Maryland today.