Can a Divorce Lawyer Represent Both Parties? - Bineham & Gillen

divorceCan a Divorce Lawyer Represent Both Parties?

January 21, 2019by James Gillen
While it may seem clever to share a divorce lawyer to lower expenses and stress, this is not an option. It is a conflict of interest for a lawyer to represent both parties in a divorce case and so is prohibited. However, you can use a divorce lawyer as a mediator in an uncontested divorce.

Legal Mediation for Uncontested Divorces

When you and your spouse divorce, you become two opposing parties in the case, regardless of whether it is amicable. There is no situation where a single divorce lawyer could represent both parties in a lawsuit because of the conflict of interest.
However, a divorce attorney can help both parties finalize the divorce. When a couple has an amicable or uncontested divorce, it means that both parties agree on all issues concerning the divorce. In this case, one divorce lawyer can serve as a mediator.
Mediation is the process where a mediator, or a third party that has been mutually chosen, can help both sides agree to the terms of the divorce. This is a way to save money as well as the time and trouble of going through a divorce with separate lawyers.
There is one caveat to using a single lawyer for mediation– if the chosen mediator is a divorce lawyer, they cannot give legal advice to either party. If you do need legal advice during mediation, you’ll need to hire a different lawyer.

Here are the duties mediators are able to perform in an uncontested divorce:

  • Drafting the settle agreement
  • Identifying sources of possible conflicts
  • Helping you come to an agreement on any conflicts
  • Filling out the necessary paperwork
  • Helping you understand the law
A divorce can be a stressful situation in your life. That’s why Bineham and Gillen are here to help you through all the steps of your divorce, so you can make sure it is as painless as possible. Contact Bineham and Gillen for help deciding if mediation is the right approach for you and your spouse.