June 30, 2025

Filing for divorce is stressful. Not only are you splitting your assets, but the process itself has a cost, and retaining an attorney can be financially daunting. Your spouse or a well-meaning friend may suggest that you share an attorney instead of each retaining your own representation, claiming that it will save you money as well as make sure the process stays amicable. You may be tempted, but before you allow yourself to be convinced, you need to ask: is this legal? And if it is, is it smart?

When you’re facing a divorce, it’s natural to look for ways to simplify the process—emotionally, financially, and legally. If things seem amicable between you and your spouse, you might wonder if it’s really necessary for both of you to hire separate attorneys. Maybe your spouse has even suggested using the same lawyer to “keep things simple” or save money. It sounds reasonable on the surface—but is it actually possible? More importantly, is it a good idea? Before you agree to anything, it’s important to understand what the law allows—and what’s truly in your best interest.

Can We Share the Same Attorney?

Legally and ethically, no. An attorney cannot represent two opposing parties, as it is considered a conflict of interest. Your attorney cannot claim to be representing the best interests of both parties. Some of the confusion about the possibility of sharing an attorney comes from couples who choose to forgo attorneys entirely and go through the process with a mediator.

If you choose to go forward with mediation, you can share a mediator (who may be an attorney), as the mediator is not retained by either party and does not represent either party. The mediator is just there to guide the process and help you draft the necessary documents. However, many divorcing couples find that mediation does not work as well as they hope it will and ultimately end up working with attorneys. If your goal is to have an amicable divorce, you can still do that with separate attorneys.

Won’t Separate Attorneys Make an Amicable Divorce Contentious?

The goal to have an amicable divorce – one where you and your spouse are able to separate while agreeing on all the terms of separation – can certainly make the process less stressful. In this situation, you and your spouse will agree on all terms, including property division, financial separation, child custody, and spousal support.

Most attorneys know that a contentious divorce is not in anyone’s best interests. A good attorney will expedite the process, and when each spouse has an attorney looking out for them, they can make sure both spouses save money. Attorneys are able to look at the split objectively, and they can eliminate many potential arguments by logically laying out what is fair for each spouse, keeping the opportunity for fighting as a minimum.

Your Divorce Lawyer is There to Protect Your Interests

Legal advice should be personalized and specialized for each party in any legal situation, including divorce. One of the reasons that an ethical attorney cannot represent both you and your spouse is because they cannot protect the interests of both parties equally. When you hire an attorney to represent you in a divorce, they are there to make sure that you get through the process with the best possible outcome.

Even if you and your spouse think you have come up with a fair agreement, your attorney is trained to ensure that it is actually fair, which it may not be. Divorce attorneys are trained to look ahead and plan for every eventuality in the process. Your attorney will explain the entire process and highlight your rights, including how much you may deserve in child or spousal support, what share of assets you are entitled to, and what the potential financial implications are of any proposed settlement.

Don’t Wait to Hire Your Attorney

As soon as you begin the process, you should begin looking for an attorney you trust. Once you retain an attorney, they can begin advising you on the process, ensuring you are gathering all the necessary documents, and start calculating the division of assets, work on a plan for child custody, and determine if you will be entitled to spousal support. The sooner you have an attorney, the sooner you can feel comfortable knowing that your interests are protected.

If you are beginning the divorce process, don’t be misled into thinking that you don’t need an attorney of your own, even if it seems like you and your spouse are on the same page. If you want to get through the process with your interests protected, you need an attorney who is committed to working for you.

Divorce is never easy, but protecting yourself doesn’t mean inviting conflict. It simply means making sure your rights and future are secure. While it might seem simpler—or cheaper—to share an attorney with your spouse, doing so isn’t just a bad idea; it’s not even allowed. Having your own legal representation doesn’t mean the divorce has to turn into a battle. In fact, it’s the best way to ensure a fair, efficient process where both parties are treated with respect. If you’re moving forward with divorce, don’t take chances with your future. Find an attorney who’s there to advocate for you—because no one else in the process will. Ready to protect your future? Contact Michael E. Bryant today for trusted legal guidance tailored to your best interests.