Divorces can be complex and emotionally draining procedures for all involved. Perhaps you’re asking yourself, “Can a couple use the same divorce lawyer?”, especially if you and your ex-partner are attempting to cut down on some of the stress and hassle of the process. If this is the case, it’s important to take note of the following.
Using the same attorney in a divorce proceeding is illegal. This is because there is deemed to be a conflict of interest between the two parties, no matter how amicably the divorce is being settled. You cannot hire the same lawyer to represent you in court as your partner.
Oppositions and Conflicts of Interest
In cases where an agreement is reached and the divorce is uncontested, attorneys are still not permitted to represent both sides. Regardless of the circumstances, attorneys are prohibited from representing both sides due to a conflict of interest. Due to the possibility of a dispute arising, decisions could be affected by undue influence. For this reason, attorneys cannot represent opposing sides and courts will not support this.
Divorce Lawyers vs. Mediators
As stated above, using the same divorce lawyer is a pretty cut and dry “no”. Irrespective of how terms are settled, attorneys are not allowed to represent opposing parties in a divorce.
In the case of mediators, however, you and your partner may use the same professional. It’s possible to hire an attorney to help finalize your divorce proceedings in the form of mediation. This process can save the time and effort of going to trial. In these cases, lawyers may work on behalf of both parties as long as they do not give legal advice in the process.
Mediators can help with the following:
- Support your understanding of the laws surrounding divorces
- Assist with paperwork
- Liaising with financial officers and representatives of the court
- Identifying and resolving conflicts that may arise
- Drafting settlement agreements
The major downside to using an attorney for mediation is that they cannot provide you with legal advice. In order to get legal representation, you would need to hire a separate lawyer. Mediation is less expensive than a trial and can be the more straightforward solution, but not being fully aware of your rights could potentially cost you and leave you with less than optimal terms.
Self-Representation in a Divorce
If you are keen to proceed through your divorce without legal representation, you can choose to represent yourself. You may have come to the conclusion that there’s no reason to hire a divorce lawyer if terms have been mutually agreed upon between yourself and your partner.
If your partner has hired a legal attorney, they will not be permitted to give you legal advice. Any questions related to proceedings must be directed towards an independent lawyer hired by yourself.
It’s not relevant how amicable the divorce is — attorneys are legally obliged to serve their clients and have their own vested interests. Good divorce lawyers will inform their clients of their rights and keep them up to date and protected throughout.
Divorces in Virginia
The rules prohibiting divorce lawyers from representing opposing parties are enforced in many different states across the US, including Virginia. Regardless of circumstances, each side of a divorce is considered to be in opposition to one another, and as such have conflicting interests.
If you would like to hire an attorney to represent you in divorce court in Virginia, you will need to hire one independently from your spouse. Agreeing to terms with your partner does not exempt you from this role and divorce lawyers are still obliged to turn you down if you ask for dual representation.
To conclude, if you’re filing a lawsuit and your divorce proceedings go to court, you will be unable to share an attorney.