Can divorcing spouses both use the same lawyer?
No. An attorney may not represent two clients who are on opposite sides of the same court action as that creates a conflict of interest. If you and your spouse are not able to fully agree about things such as property and debt division or child custody and visitation, then you should each have your own lawyer from separate law firms. (You can, of course, represent yourself in court, but it’s not highly recommended, especially if your spouse has hired their own attorney)
If you and your spouse are 100% in agreement about EVERY term of your divorce agreement, then you may utilize just one attorney to help you with an uncontested or “waiver” divorce. In this instance, one of you will be the client and the other will be self-represented, or “pro se”. The pro se party will sign a Waiver of Summons/Entry of Appearance that tells the court that they know the divorce papers have been filed, they don’t want an attorney of their own, and they are okay with the terms of the decree their spouse will take to the court. The attorney for the other spouse will prepare all the documents necessary, have both parties sign them, and then go with their client to have them signed by the judge and entered as a Final Decree.
Uncontested divorces handled this way are much faster and far less expensive than arguing in court and are a perfect choice for couples who have already agreed on how everything will be handled and just want a quick and streamlined court process. If you are interested in finding out if an uncontested divorce is right for you, please call us at (405) 792-2400 to schedule a consultation.