Divorcing Couples: One Or Two Attorneys?

When you are going through a divorce, you already have a lot on your plate. The complexity of the legal system is even more difficult to handle when you’re dealing with the emotional strain of a divorce. For many people who choose divorce, family lawyers are there to represent each party and to ensure that each person receives a fair defense when it comes to splitting property or child custody. What you may not know, however, is that you do not necessarily have to have a lawyer. In fact, only one spouse could have a lawyer. However, that may not always be the right decision. Here are cases where one attorney may be used.

Simple Divorce

Some divorces are relatively simple. Maybe you and your spouse are in full agreement and you only want to fill out the appropriate paperwork and settle the divorce without conflict. It is possible that only one of you has to find an attorney. Then, that attorney will ensure that the process is completed correctly. However, the biggest downfall of doing it this way is that you cannot seek legal advice from your spouse’s attorney. It would be conflict of interest if you shared attorneys. If only one of you has representation, you cannot share.


If you choose to go through mediation when settling your divorce, you may not necessarily need two attorneys. Instead, you could hire one neutral attorney to handle the mediation. You should only consider this option if you believe that mediation will help you and your former spouse. If you believe that the two of you can come to an agreement without needing legal advice, then this may be an appropriate path.

However, you do need to keep in mind that the lawyer cannot offer you any legal advice. He or she will be a completely neutral party and is not there to protect your legal rights. This is why many couples choose to have lawyers, even when there is little conflict during the divorce.

When it comes to divorce, you do not necessarily have to have an attorney. You can go through the process without legal representation. However, most would strongly advise that you do not represent yourself during a divorce. A divorce is filled with a lot of complex legal matters. An attorney of your own is the only one who can offer you advice.