If you are filing for a divorce, you may have many questions running through your mind. Often, these questions involve property division (“Who gets the house?”) or child custody (“Will I get sole custody of my children?”). Many couples, however, are able to work out their issues in a low-conflict or uncontested divorce. A common question for these couples is “Can we share a divorce attorney?” The short answer to this question is no – even if you and your spouse have an agreement on all issues.

Sharing a Divorce Attorney Means Conflict of Interest

Sharing a divorce attorney is impossible because it creates a conflict of interest for your lawyer. This conflict of interest not only poses an ethical dilemma for the attorney, but could lead to serious complications if you discover unforeseen disagreements during the divorce process. A divorce attorney can only represent one party to the divorce because even fair-minded, ethical attorneys have a duty to protect their own client’s best interests. This cannot happen if the attorney is representing both parties.

Let’s consider an example. Say your spouse changes his/her mind regarding maintenance (what used to be called “alimony”) during the divorce process. In that instance, you will need an attorney who is wholly devoted to your best interests. This is also true for disputes arising out of child support, property division, or child custody matters.

Do I Need an Attorney if My Spouse Has One?

Just like one divorce attorney cannot represent both of you, your spouse’s attorney cannot give you any legal advice. If you have any questions or concerns about a proposed settlement, it is worth hiring a local family law attorney to review the documents and to give you legal advice. If your divorce includes multiple areas of disagreement, you will surely need to consult with a lawyer.

You Still Have Legal Options

Hiring separate legal representation doesn’t mean you and your spouse cannot reach an amicable agreement quickly. You can consider a family law mediation. Mediation is a form of alternative dispute resolution that allows divorcing couples to resolve their differences before trial.

Some possible benefits of mediation are:

1. Decreased time. Successful mediation can quickly lead to a settlement.
2. Decreased conflict. Mediation usually does not involve high conflict between spouses.
3. Decreased costs. Mediation often takes less time than trial, which saves attorneys fees.

Find the Right Divorce Attorney

Are you seeking a divorce in Missouri? The Poplar Bluff divorce attorneys at Kennedy, Kennedy, Robbins & Yarbro, LC, are available to help. Contact our office or call us at (573)686-2459 to learn more about your legal options and to see how our firm can assist you with your family law matter.