Can my soon-to-be-ex-spouse and I share an attorney?
When a couple thinks they agree on all issues, it may seem logical to save money and use one attorney to handle paperwork. This is a bad idea. Lawyers recognize the possibility of conflict of interest. In a situation such as this, it is impossible to represent both sides fairly; but most lawyers will not even entertain the idea of doing so for a conventional divorce. There are, however, some exceptions where using a single divorce attorney is not only beneficial, but encouraged by the court.
When Mediation Is a Good (or Bad) Idea
Mediation is the legally recognized means of completing legal actions through the use a disinterested third party. In all family law related issues, you can hire an attorney as your mediator. In this role, the single attorney will provide paperwork to guide your decision making process, but will not instruct or offer their opinion on any issues. In fact, a good mediator will not even mention what a court would decide in a matter, especially because the decision reached in mediation is considered to be outside of the court system. After you reach your decision as a couple, the mediating attorney will draft your agreement and file it with the court as your divorce terms.
Mediation is useful in divorces where there are limited assets and debt. Mediation will only succeed when both parties agree to act civilly and come to conclusions on their own. So, if you are not on good terms with your soon-to-be-ex-spouse or you two cannot be in the same room without fighting, then mediation with a single attorney is not a good option for you. Additionally, if there are children involved and your decision for child custody is anything other than 50/50, you will most likely want separate attorneys.
Opting for Self-Service Divorce
Another useful means of achieving a divorce with only one attorney is through a self-service divorce attorney. In this type of practice, the attorney provides the two of you with an online form or printed packet to fill out and return. As long as the form is filled out completely with all of your assets and liabilities, the attorney will file your divorce paperwork and you’ll be done. Self-service divorce practices are beneficial for couples without many assets and those that will not require child or spousal support. A mediator or separate attorneys should be considered for more complicated cases.
Using Separate Attorneys for Divorce
For simple divorces, where you are not asking the attorney to advocate for either of you, you can use a single attorney for your divorce. Where there are complicated issues such as spousal support, child support, large amounts of assets being divided or difficult child custody decisions, separate attorneys should be utilized. Using separate lawyers does not have to lead to creating conflict where none existed. In fact, you can still save money on the divorce by keeping things straightforward with your attorneys and avoiding giving your attorneys excessive hours of drafting and re-drafting your agreement.
When using separate divorce attorneys, remember that you are on the clock and paying for every minute. Be sure to spend those minutes wisely when your attorneys are present and solve unrelated issues without them around.