There are many ways that people might try to limit divorce expenses. Some people make the questionable decision to forgo legal representation entirely. They negotiate privately with their spouse and file an uncontested divorce with paperwork they fill out independently.
Pro se filings are often subject to delays and other complications because people do not understand the family court system and make mistakes while trying to represent themselves. In some cases, spouses may recognize that they need an attorney’s guidance, but they question whether it is worthwhile to pay for the assistance of two different lawyers.
Can both spouses receive advice and guidance from the same lawyer when divorcing?
One lawyer cannot give both spouses appropriate legal support
There are many rules that restrict the behavior of attorneys. They generally need to follow best practices and fulfill the duty that they have to their clients. A lawyer has a fiduciary duty to act in the best interests of the people who hire them. In other words, they should put the best interests of their client above their own wishes and desires.
A lawyer representing both spouses simultaneously cannot provide the same standard of support to both of them. Internal bias and other factors can compromise the representation the attorney provides to either spouse in that situation. They might have a conflict of interest because of a pre-existing relationship with one of the spouses. They actively push for an arrangement that benefits one spouse more than the other.
In some cases, that could even be a subconscious behavior. Generally speaking, the best arrangement when preparing for divorce is for each spouse to have an attorney representing them who does not have any pre-existing relationship with the other spouse or any other conflict of interest. They can then prioritize securing the best possible outcome for their client through negotiations, litigation and the education of their client regarding their rights during a divorce.
While it may seem more cost-effective to work with one lawyer during the divorce process, that arrangement almost always puts one spouse at a disadvantage. Securing personalized representation as early as possible in the divorce process can help individuals to obtain the best outcome given their circumstances.