Can a couple getting a divorce share a lawyer?

If you and your spouse are contemplating a divorce, it is advisable that you both retain separate lawyers. This is true even if you and your spouse have reached a mutual agreement regarding issues of property and child custody. Attorneys are ethically bound to act zealously on the behalf their clients; they are impeded in this goal when they represent two clients whose interests may conflict with each other. Spouses in divorce proceedings generally have competing interests. Even if everything starts off amicably, issues could arise that may create conflict.

Sharing A Divorce Lawyer

Although the general rule prohibits sharing an attorney, there are cases where parties may waive the requirement to have separate lawyers. In this case, the lawyer will have to clearly explain to each party about the conflict and each spouse is required to sign documents that waive their rights to separate council and affirm they are aware of the conflict of interest.

Even though sharing a divorce lawyer is allowed, it is never really good to do so for the following reasons:

• Negotiation. If each of you have a separate attorney, the lawyers can negotiate between them, sparing you and your spouse the burden of negotiating with each other. There is less emotional involvement between lawyers as there is between spouses. Cooler heads can come to fairer terms and highly charged situations can be defused more quickly if there are two lawyers advocating for the spouses.
• Protection of interests. Spouses are entitled to their fair share of marital property under state law whether the state is a community property state or an equitable division state). Having a separate attorney allows that attorney to fully advocate for that spouse; if both spouses share a lawyer, each may end get a settlement that does not fully represents each spouse's interests.

Even where spouses have reached an agreement in terms of property, issues may arise that they did not foresee, especially if the assets are sizable. In issues of child custody, it is more than wise to have each parent's interest truly advocated.

Getting Help

If you and your spouse are considering divorce, do consider hiring an experienced attorney for each spouse. You may feel that you both are saving upfront costs, but sharing an attorney may cost you more in the long run, especially in terms of a fair distribution and child custody. Each of you should find an attorney in your area, consult with that attorney to discuss the pros and various cons of sharing an attorney. Most attorneys will deter you from this decision. However, if you waive your rights to separate attorneys, make sure you fully discuss what to expect when you do.