October 20, 2023

It's understandable when divorces turn contentious. Spouses make their best efforts to position themselves for the future, whether it be by securing financial stability, maintaining possession of important or sentimental assets, or fighting for what they believe to be in their children's best interests.

Not all divorces head down that path, though. In many cases, spouses split amicably, finding a divorce to be in the best interest of all parties involved, and simply need to go through the process to dissolve the marriage and divide assets and debts fairly or equally.

But even when divorces are amicable, parties can still incur great costs by hiring separate attorneys or, alternatively, can miss important details when representing themselves. 

A more affordable, easier option exists. Using the same attorney.

Attorney as an intermediary

Rule 2.2 of the Indiana Rules of Professional Conduct permits an attorney to act as an intermediary between clients in certain circumstances exist.

First, the attorney must consult with each client and thoroughly explain the intricacies of the attorney-client relationship when the attorney acts as an intermediary and obtain each client's consent to the shared representation.

Second, the attorney must have a reasonable belief that the matter can be resolved while serving each client's best interests and that the shared representation can be undertaken impartially and without improper effect on the attorney's responsibilities to each client.

What does that mean in the context of an attorney acting as an intermediary in a divorce case?

Acting as an intermediary works best in cases where the spouses do not have children or are in general agreement as to how to assign custody and distribute parenting time. Needless to say, issues involving children can be some of the most hostile in divorce cases, and if spouses are not at least close in their desires regarding custody and parenting time, use of an intermediary is not advisable.

But in cases where spouses do not have children or are in general agreement, an intermediary can be a great choice to make sure all loose ends of the marriage are tied up and to minimize the expense of the divorce.

Think of the intermediary as a go-between who presents ideas and options to the parties in order to achieve the mutually agreed upon goals. 

In the past, for example, attorney Alex Robbins represented a divorcing couple that knew they wanted to share legal and physical custody and wanted to share parenting time as close to 50-50 as possible, but needed assistance with how to assign holiday parenting time and how to equally divide assets, such as vehicles, a home, and retirement accounts, as well as debts, such as outstanding payments due on those cars, a mortgage, and student loans.

What we were able to do, after consulting with the clients and obtaining consents to the shared representation, was sit down with each party on two or three occasions and explain multiple options with regard to each issue that needed to be addressed and reach a mutual agreement that allowed the divorce to be resolved without a hearing, with limited expense, and in a timely fashion.

What are the advantages of using an intermediary rather than hiring our own attorneys?

First, and most obvious, is retaining the services of one attorney rather than two. In our experience, the shared costs of using an intermediary for a divorce case can reduce the up-front cost for each spouse by at least half, if not more. In situations where a flat fee is charged, the total cost could be as little as one-third of that incurred by hiring separate attorneys. 

Additionally, the avoidance of other expensive occurrences in a case can further reduce the cost to each party. Most courts order parties to mediation upon the filing of a divorce case, which costs each party half the amount of the mediator's fee and leads to billable hours incurred by each party's attorney. Use of separate attorneys will also require them to conduct discovery - the exchange of necessary information, such as tax documents, paystubs, bank information, etc. - and, again, leads to more billable hours at the client's expense.

Use of an intermediary can also save time. Indiana law already requires a 60-day cooling-off period between the filing of a petition for divorce and the court granting said request. But in some counties, 60 days is not a remotely feasible timeline due to congested court calendars, the hassle of scheduling required mediation, and preliminary and final hearings. But if using an intermediary, parties can often persuade courts to waive mediation requirements and avoid court hearings altogether.

How do we know if using an intermediary is right for us?

Call us today or click here to schedule a free consultation with attorney Alex Robbins to discuss the issues in your case requiring resolution and find out if he can serve as your intermediary.