Can the parties getting divorced use the same lawyer?
Yes and no. Ethical rules generally prohibit an attorney from representing both parties in a divorce action. Even if you and your spouse seem likely to agree on the terms of your divorce, there is always the potential for breakdown of agreements in a divorce. Often spouses who agree on the terms of a divorce will have one lawyer prepare the paperwork. That lawyer, however, will only represent one spouse and the other will waive his or her right to legal counsel and represent himself or herself. The unrepresented party should consider having the terms of an agreement reviewed by a second attorney, to ensure an understanding of the legal consequences of the agreements. Generally, each party is responsible for his or her own legal costs and attorney’s fees. Under certain circumstances, however, the court may order a contribution from the other party.
