Can a divorce attorney represent both parties?
A divorce attorney can represent both parties if both parties obtain informed consent before the representation begins. This means that the client consults with a third party attorney about the possible ramifications of such an arrangement.
Yes, a divorce attorney can represent both parties in a divorce, given that both parties obtain informed consent before representation begins. Basically, this means that the client consults with a third party attorney about the possible ramifications of such an arrangements. These situations are called ‘collaborative divorces.’
Being represented by a single attorney can be less expensive and less stressful, but you may be foregoing the benefit of legal advice, since the attorney has an obligation to give both people involved the same information and advice. You and your spouse will both need to agree that using one attorney as a mediator is the right course of action.
If the divorce is acrimonious or downright hostile, it’s probably not possible to let the same attorney represent both parties involved.
To be clear, it’s not technically ‘representation,’ but more ‘finalization’ when the same attorney works for both parties. There is no confidentiality between parties in these arrangements because the attorney can’t legally withhold any information from one or the other.
However, the attorney can serve as a mediator, helping you to understand divorce law, by acting as a neutral party during negotiations, by filing paperwork correctly, and more. Many clients who have children together and what to keep the trauma to a minimum choose to a collaborative divorce versus litigation.
Even if you agree about everything, you probably don’t. There are so many areas to think about, there’s a near 100% chance that you and your spouse will overlook something. And it may be a significant area that can be the cause of discord for years to come.
You’ll need a professional to draft the agreement, anyway, so we strongly discourage divorcing parties to represent themselves in order to save money or because they think it will be simple.
