Can a Single Attorney Represent Both Sides in Divorce?

Is hiring one lawyer for both sides a good idea?

A question that arises occasionally during a divorce consultation is: “Can I hire one attorney to handle our divorce?”

This question does not come up if the spouses have lost all trust in one another. This is a question that arises if both spouses are on the same page. They continue to trust one another despite their differences. They have a general idea of what settlement terms may look like for their divorce.

The answer is yes. You can hire one attorney to prepare and file the court pleadings to seek a dissolution of marriage. Further, the attorney may prepare your custom marital settlement agreement to properly distribute the assets and liabilities of your marriage. If minor children are involved, the attorney will prepare a custom parenting plan and child support guidelines calculation. If alimony is appropriate based upon the financial circumstances of your marriage, the attorney will address that as well.

Thereafter, the attorney will finalize your divorce by setting an uncontested final hearing and presenting all required materials to the judge for his or her ratification.

However, one attorney cannot represent both you and your spouse in the divorce. The attorney must enter into an employment relationship with only one spouse. Generally, it does not matter which spouse the attorney represents.

The employment relationship with only one client is necessary to assure that a confidential relationship is established between attorney and client. This will protect you from a challenge to divorce judgment years down the road by either spouse alleging there was a conflict of interest.

This important step will assure that your divorce is handled correctly the first time without mistakes.

About the Author

Chadwick M. Layton is a marital law and divorce attorney at Mindful Divorce, P.A. in Palm Beach County, FL. Mr. Layton is also a member of the Florida Bar Family Law Section, the Susan B. Greenberg Family Law American Inn of Court of the Palm Beaches and the Palm Beach Flagler Rotary Club.