Can one lawyer represent both parties and does each party always have to have a lawyer?
One lawyer should not represent both parties. In general it is impossible to represent the interests of two people who may in fact have different goals. Do not rely on your spouse’s attorney to protect your interests as that lawyer is getting paid to be your adversary. On the other hand, if an agreement can be reached, then the spouse who does not have a lawyer can still communicate with the other parties’ attorney to work out details and hence avoid hiring a lawyer (as long as they recognize that that attorney is their adversary).
One lawyer should not represent both parties. In general it is impossible to represent the interests of two people who may in fact have different goals. Do not rely on your spouse’s attorney to protect your interests as that lawyer is getting paid to be your adversary. On the other hand, if an agreement can be reached, then the spouse who does not have a lawyer can still communicate with the other parties attorney to work out details and hence avoid hiring a lawyer. (as long as they recognize that that attorney is their adversary.