can two people who mutually agree to divorce use the same lawyer

by Elisha Flatley 10 min read

Even if your divorce is uncontested, meaning you and your spouse agree on all the important terms and conditions, you are still both technically on opposing sides of the courtroom. Any attorney that represents one of you will not be permitted to also represent the other because this would create a conflict of interest.

When can a divorcing couple use the same lawyer?

If you have been wondering, when can a divorcing couple use the same lawyer?, well usually, one divorce attorney cannot work with both clients. However there is an exception to the rule. Joint representation is permitted when:

Can a lawyer represent a spouse in a divorce case?

The rules governing lawyer ethics prohibit attorneys from representing two clients with conflicting interests — and that includes divorcing spouses. Even if you and your spouse agree on everything in your divorce, you’re still technically considered opposing parties in a lawsuit.

Can a neutral attorney prepare a divorce agreement?

Mediation With a Neutral Attorney Couples who can resolve all of their divorce-related issues on their own or with a little help from a mediator may use an attorney-mediator to prepare their divorce agreement. Mediation allows couples to resolve their divorce without the time and expense of a trial.

When should I hire a divorce lawyer?

And if your situation includes complex finances, custody issues, or an imbalance of information, money, or power, be sure to consult with a lawyer. Read our article on What If My Spouse Has A Divorce Lawyer And I Don't for more information.

Can a couple have the same lawyer?

If you and your spouse have come to the conclusion that a divorce is in your best interest, you may be wondering if both of you can be represented by the same attorney. While it may seem convenient to be represented by the same layer, the short answer is no, you can't both be represented by the same counsel.

What if both partners want a divorce?

A joint petition for divorce allows both spouses to file for divorce together. Depending on the state you live in, if two people want to get a divorce and it is uncontested or no-fault, they have the option to file a joint petition for dissolution of marriage.

Can the same lawyer represent both parties in a divorce in India?

One lawyer can represent both the parties as a common petition is filed on behalf of both the parties, if both parties agree. A judgment for mutual divorce is passed only if all the necessary agreements required for a mutual divorce in India are strictly maintained.

Can the same law firm represent husband and wife in divorce?

Even though you and your spouse may be amicable and agree on all terms of the divorce, an attorney is not able to represent both of you at the same time. The attorney can only represent one side or party in a lawsuit. Representing both husband and wife would be a conflict of interest.

How long does a mutual divorce take?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

Can 2 people agree to divorce?

Contested and Uncontested Divorce If both people agree to a divorce this is known as an uncontested/mutual divorce. If one person disagrees with the divorce and refuses to sign the divorce papers this is known as a contested/defended divorce. Contested divorces are often complex, costly and time consuming.

Do we need two lawyer for mutual divorce?

You must have a separate lawyer. One lawyer cannot represent both parties in a divorce because those parties are adverse to each other.

Can the same lawyer represent both parties?

The most obvious conflict of interest in the divorce setting would be when one lawyer agreed to represent both parties. This is generally always prohibited and any ethical lawyer would refuse to represent both clients. However, conflicts of interest can also arise in more subtle ways during a divorce.

Is lawyer necessary for mutual divorce?

Since a mutual divorce requires only one lawyer, the couple may decide who will bear the cost of litigation. Alternately they can even decide to split the litigation costs equally. Usually, the higher-earning member foots the bill, making it easier for the other spouse.

Can a lawyer act for both parties in a divorce?

It is possible for couples to 'share' one lawyer between them and cut the costs and the time of a traditional divorce. The Divorce Surgery seeks to remove the added tension of the adversarial system by having an impartial lawyer advise both parties of how a judge will approach your case and the most likely outcome.

What would be a conflict of interest for an attorney?

A conflict of interest means a situation where your separate duties to act in the best interests of two or more clients in the same or a related matter conflict. For this situation to happen, you must be currently acting, or intending to, act for two or more clients.

Can a lawyer represent two defendants?

Can a criminal defense lawyer represent co-defendants who may be charged in the commission of the same crime or series of crimes? The answer is a qualified, “Yes,” provided that there are no conflicts between the defendants that require the attorney to choose which client to more vigorously represent.

When Can You and Your Spouse Use the Same Divorce Lawyer?

For the most part, sharing the same lawyer is typically only recommended in the context of a simplified uncontested divorce, as compared to a contested divorce.

Why Should You Engage a Divorce Lawyer?

It is crucial that you choose a divorce lawyer who will best handle your case. In our article on choosing a good divorce lawyer, we further expand on the various aspects to take note of.

What If You are Unable to Afford a Divorce Lawyer?

If you are worried about affording a divorce lawyer, there are several legal aid schemes that have been set in place to help you through this tough time.

Can an attorney represent both sides in a divorce?

In cases where an agreement is reached and the divorce is uncontested, attorneys are still not permitted to represent both sides. Regardless of the circumstances, attorneys are prohibited from representing both sides due to a conflict of interest. Due to the possibility of a dispute arising, decisions could be affected by undue influence. For this reason, attorneys cannot represent opposing sides and courts will not support this.

Can a divorce lawyer represent opposing parties?

The rules prohibiting divorce lawyers from representing opposing parties are enforced in many different states across the US, including Virginia. Regardless of circumstances, each side of a divorce is considered to be in opposition to one another, and as such have conflicting interests.

Why do you need an attorney-mediator for divorce?

Hiring one attorney-mediator can save money for couples trying to minimize divorce costs. However, be aware that it can prove costly if you don’t fully understand your legal rights in a divorce. Make sure you know your rights before agreeing to split the bill on an attorney-mediator.

What is mediation in divorce?

Mediation allows couples to resolve their divorce without the time and expense of a trial. An attorney-mediator can ethically help both divorcing spouses reach an agreement by acting as a neutral third party. A mediator’s role is limited to the following: helping spouses understand the law.

Can an attorney help my spouse with a divorce?

However, there is one circumstance where an attorney can help you and your spouse resolve your divorce. Remember, your spouse's attorney cannot give you any legal advice and is not watching out for your interests.

Can a lawyer represent two clients?

The rules governing lawyer ethics prohibit attorneys from representing two clients with conflicting interests — and that includes divorcing spouses. Even if you and your spouse agree on everything in your divorce, you’re still technically considered opposing parties in a lawsuit.

Do family law attorneys have a duty to protect their clients?

Even fair-minded, ethical attorneys have a duty to protect their own client's best interests — not yours. If you have any questions or concerns about the proposed settlement, it may be worth hiring a local family law attorney to review your agreement and let you know if there are any red flags.

Can my spouse's attorney give me legal advice?

Remember, your spouse's attorney cannot give you any legal advice and is not watching out for your interests.

Can an attorney-mediator testify in court?

Everything discussed in mediation is strictly confidential, so an attorney-mediator can’t be forced to testify in court about anything that comes up during process.

What are the hours of a divorce lawyer in Orange County?

Our business hours are Monday through Friday from 8:30AM to 6:00PM PST. However, we can be reached 24/7 by calling 1 (714) 971-8000. We offer a free 30 minute case evaluation with one of our family law attorneys. When calling after hours please indicate the best time for returning your call. If you prefer to email us, please use info@yanezlaw.com or use our mail-form here.

Do you have to hand over a client to another lawyer?

Please note: If a misunderstanding does arise, the attorney moral ly has to handover at least one client to another lawyer. Moreover, the lawyer may have to transfer both clients to other attorneys if the lawyer has knowledge of some things about the couple that makes it prejudicial for that lawyer to resume to represent one of them.

Is a free consultation with a family law firm helpful?

I scheduled a free consultation with this family law firm and they were really helpful. It indicates a lot to me when someone takes time to talk to you for a few minutes about your problem. Compassion is super important and this law firm has it. Thank you so much.

Can a divorce lawyer work with both clients?

If you have been wondering, when can a divorcing couple use the same lawyer?, well usually, one divorce attorney cannot work with both clients. However there is an exception to the rule. Joint representation is permitted when:

Why is it important for an attorney to work for both sides?

Even when two spouses agree on everything in the divorce, they are still considered by the courts to be on opposing sides. One lawyer representing both sides is considered to have a conflict of interest, which goes against the ethical rules for attorneys.

What is the purpose of a mediator in divorce?

Instead, his or her job as a mediator is to try to get the two parties to come to an agreement about all the terms involved in the divorce. It is important to understand that mediators do not give legal advice to either side. They simply try to facilitate compromise so an agreement can be reached.

Is divorce expensive in Michigan?

Divorce in Michigan can be quite expensive, causing many people to try and find any way to cut down on some of those costs. One of the ways people do this is to try and use the same divorce lawyer. If you are going through a divorce, you may have considered the same thing. Although one lawyer cannot represent both spouses during a divorce, there are times when only one lawyer may be necessary. Read on to learn when that is.

Can you retain your own attorney during mediation?

During mediation, each side may still decide to retain their own legal counsel . When this is the case, the ethical rules apply, and the two parties cannot use the same attorney to represent them during mediation sessions.

Can an attorney represent both sides in a divorce?

It is true that an attorney cannot represent both sides during a divorce. However, that also does not mean that both sides must have legal representation. If the two spouses agree to all the terms of the divorce, then only one attorney is really necessary to draft the settlement agreement. That attorney may be a lawyer who works for the other spouse. In this case, though, it is crucial that the spouse who is not represented understands that he or she cannot ask the spouse’s lawyer for legal advice.

Oppositions and Conflicts of Interest

Divorce Lawyers vs. Mediators

  • As stated above, using the same divorce lawyer is a pretty cut and dry “no”. Irrespective of how terms are settled, attorneys are not allowed to represent opposing parties in a divorce. In the case of mediators, however, you and your partner may use the same professional. It’s possible to hire an attorney to help finalize your divorce proceedings i...
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Self-Representation in A Divorce

  • If you are keen to proceed through your divorce without legal representation, you can choose to represent yourself. You may have come to the conclusion that there’s no reason to hire a divorce lawyer if terms have been mutually agreed upon between yourself and your partner. If your partner has hired a legal attorney, they will not be permitted to give you legal advice. Any questions relat…
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Divorces in Virginia

  • The rules prohibiting divorce lawyers from representing opposing parties are enforced in many different states across the US, including Virginia. Regardless of circumstances, each side of a divorce is considered to be in opposition to one another, and as such have conflicting interests. If you would like to hire an attorney to represent you in divorce court in Virginia, you will need to hir…
See more on coastalvirginialaw.com