My Spouse & I Do Not Want to Go to Court to Resolve Our Divorce. Can My Spouse & I Be Represented By the Same Lawyer?

The very quick and simple answer is no. It is unethical for an attorney to represent two parties in a divorce. Now, there are many attorneys, including Andriea A. Aden, Esq., who can serve as a third party mediator. As a mediator, the attorney is a neutral and does not represent either party. They simply assist the parties in reaching an agreement and can, if needed, prepare the necessary paperwork to finalize the divorce.

However, if you go this route, each party is deemed to represent themselves. The parties always maintains the right to retain their own counsel, even during the mediation process. If the mediation fails, the mediator would not be able to represent either party in the divorce and each party would need to retain their own attorney if they so choose.

This concept also applies to preparation of prenuptial agreements. In fact, it is very imperative that each party have their own counsel in negotiating and finalizing a prenuptial agreement.