When It Does (and Doesn’t) Make Sense to Share an Attorney
On the surface, sharing an attorney with your soon-to-be-ex spouse may sound like a practical way to save time and money. But in many situations, sharing an attorney during divorce is not permitted, even when spouses believe they’re on the same page.
Share the specifics of your situation with a Somerset County family lawyer. Understanding the rules and your options can help you make the best decision for your situation.
Can Spouses Share an Attorney?
The short answer is no. Under ethical rules, a lawyer cannot represent both parties in a divorce. That’s because even in amicable separations, spouses typically have different interests. An attorney’s duty is to zealously advocate for their client. If that client is both you and your spouse, conflicts will almost certainly arise.
For example, if one spouse wants to keep the marital home and the other would prefer it be sold, a shared attorney could not fairly advocate for both positions. Even small differences make it impossible for one lawyer to remain fully neutral while protecting both parties’ rights.
While you cannot technically share one divorce attorney, there are scenarios where couples can still work together with limited legal involvement:
- In mediation, a neutral third-party mediator helps spouses reach an agreement. Each spouse may still want their own attorney to review the final settlement, but the bulk of the negotiation happens collaboratively.
- Uncontested divorces. If you and your spouse agree on all major issues, one spouse can hire an attorney to draft the paperwork. The other spouse, however, should still have the option to consult their own lawyer before signing to ensure fairness.
- Collaborative divorce. In this process, each spouse retains their own attorney, but both lawyers commit to resolving matters outside of court. While you don’t share one attorney, the spirit of cooperation reduces conflict and expense.
Even if your divorce feels amicable, it’s important to recognize that divorce agreements have long-term consequences. Property division, alimony, and child custody arrangements affect your financial security and family life for years.
What If I Don’t Want to Fight?
Hiring separate counsel doesn’t mean you and your spouse must be adversaries. What it does mean is that you are protected from oversights and unintended consequences. Having your own attorney ensures your interests are fully represented. Also, that the settlement is fair, not just convenient
In New Jersey, divorce doesn’t have to be combative or costly. Options like mediation, uncontested divorce, and collaborative divorce allow couples to work together while still receiving independent legal advice.
When considering divorce, speaking with a Somerset County family lawyer is the best way to fully comprehend your rights, explore your options, and move forward with confidence toward a fair settlement.
How are you and your spouse planning to move forward with a separation? Share where you are today and where you want to be in the upcoming years with the legal team at the Law Offices of Kisha M. Hebbon, LLC if you live in New Brunswick, North Brunswick, Piscataway, Edison, Somerset County, or Middlesex County. Contact us to schedule a confidential consultation.
