Can My Spouse and I Be Represented by the Same Attorney?
If you and your spouse have decided to part ways and begin the divorce process, 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 lawyer, the short answer is no, you can’t both be represented by the same counsel. Even if you and your spouse have decided to have a smooth divorce and have already divided up personal assets and property and how you’ll share custody with the kids, you can’t share an attorney.
Learn exactly why you and your spouse can’t be represented by the same attorney and about some options to make the divorce process easier and less costly below:
Why You Can’t Share an Attorney:
Simply put, it’s a conflict of interest. What exactly does that mean? A divorce involves two parties, each of whom is technically an opposing party, and an attorney can’t equally represent both of you in the lawsuit.
Furthermore, attorneys have certain ethical rules that we must abide by. We want to represent our clients to the best of our ability and wouldn’t be able to do so if we represented opposing parties.
Options If You Can’t Afford Two Separate Attorneys:
We understand that not everyone getting a divorce can afford to hire two attorneys, and that’s okay – you still have options to make your divorce more affordable. You have the following options if both of you can’t afford to hire an attorney:
One spouse can be represented by an attorney
Mediation with a mediator or neutral attorney
One Spouse Can Be Represented by an Attorney
As previously mentioned, both spouses cannot be represented by the same attorney because it would be a conflict of interest. However, if you and your spouse have come up with your terms on dividing personal property and assets, such as finances, or if you’ve agreed on how to share custody with your child(ren), you can choose the option of one spouse being represented by an attorney.
With that being said, it’s important to understand that the attorney who represents one spouse will be impartial to that particular party and will not have any responsibilities owed to the other spouse. While you do not need legal representation for a divorce in the state of Missouri, if you represent yourself you run the risk of being at a disadvantage, especially if the divorce is contested.
Mediation with a Neutral Attorney
If both parties filing for divorce agree on most terms and conditions then it may be best to opt for mediation with a neutral attorney. Mediation is when a third party (an attorney or mediator) meets with both parties to discuss and resolve a dispute to avoid trial. This works best when the divorce is simple and both parties agree on a majority of the terms and conditions of the divorce.
Even if you and your spouse have agreed to an amicable divorce and still want to remain friends you’ll either need to do one of two things: hire a divorce lawyer to represent one spouse or go straight to mediation where you will meet with a neutral third party to come up with a settlement.
If you’re currently going through the divorce process and are looking for an attorney or mediator, contact Langley Law. While we can’t give legal advice until we establish an attorney-client relationship, we’d be happy to schedule a consultation to discuss your case.
