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Can We Both Use One Lawyer

In some circumstances, yes, a husband and wife can get divorced with the help of one lawyer.   Many divorcing couples who appear to agree on many of the potentially contentious issues traditionally involved in a divorce, often opt to use one lawyer.   However, one lawyer cannot represent both parties to a divorce.  What a lawyer can do though is help their client facilitate an uncontested divorce amicably with the other party.                                                                                                                                                                                                             To illustrate, let’s say your wife hires an attorney.  Your wife meets with her attorney who will summarize the divorce process and explain what is needed from each party to get divorced.   Your wife’s attorney may prepare the legal documents for the case with the court and send all of the documents to you for you to review and sign. You may then file the documents you are required to, or her attorney can help you do so. 

 

The attorney will write up a settlement agreement for the divorce based on what your wife told the attorney. You will get copies of all the legal documents and if you agree with everything in those documents, you may not need to hire an attorney.  However, if you disagree with some details of the divorce you can either have your wife’s attorney make changes to the documents, or it may be time to hire your own attorney. 

 

Using one lawyer can be a cost-effective method of getting divorced if both parties agree on everything. However, when minor children are involved, or your wife wants you to pay child support or maintenance, it is typically in your best interests to hire your own attorney who will solely represent your interests.  Just remember, one lawyer cannot represent both parties and the lawyer is legally required to only be loyal to the party who hired them. 

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