Can My Spouse and I Use the Same Lawyer in Our Divorce?

No. While many people would swear they used only one lawyer in their divorce, they are mistaken. It is unethical for a lawyer to represent opposing parties in a divorce, as this is a conflict of interest.

Often, in uncontested divorces, one party will be represented by an attorney, while the other one has agreed to represent themselves (“pro se”). The lawyer not only does not represent the other person’s interests in any way, they are charged with an ethical duty to zealously represent their client, looking out for only their client’s interests. We often meet with clients for post-decree issues (after the divorce) and they insist that they used only one lawyer. Upon reviewing the Marital Settlement Agreement, it is almost always clear from the first page that the lawyer only represented their spouse, and that our soon-to-be client signed off as representing themselves. Once this is explained, they are less surprised that they are unhappy with the Agreement, and now need the assistance of a lawyer.

Even if you believe you and your spouse are in agreement as to the terms of your divorce, it is always best to hire an attorney to represent your interests in the drafting of the necessary documents. Contact an attorney at Moskovic & Associates, Ltd. to protect your interests.