Cindy Allen & Associates PLLC

Phone: 405-310-8673

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Can my spouse and I use the same divorce lawyer?

This is a question that our Oklahoma family law firm is asked a lot. The answer is usually no. It is unethical for the same lawyer to represent both parties in a divorce, unless the parties knowingly agree to the arrangement and they do not have competing interests.

Because the interests of the parties in a divorce are usually adverse, it is hardly ever acceptable for one attorney to represent them both, even if the parties agree. That’s because it represents a conflict of interest.

 It may be possible, in very rare occasions, for one attorney to represent both parties if the parties have already agreed on all issues and only need the attorney to formalize the divorce process. However, in nearly all cases, one lawyer cannot represent both parties. This includes divorces that are uncontested.

An uncontested divorce refers to a divorce in which the parties are able to come to an agreement on issues, and then use a lawyer to draft the stipulation that will be submitted to the court for final review. Even in these cases, the attorney typically represents one party while the other party remains pro se, or advocating on his or her own behalf.

It is also possible for divorcing couples who want to limit the role of lawyers in their case to use a third-party neutral mediator to assist with the negotiations and write up the settlement agreement. This is considered ethical since the mediator is not representing either party.

Keep reading for more information on uncontested divorce as well as the mediation services offered by our firm.

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