Can my wife and I use the same attorney or firm in an uncontested divorce for a settlement?

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Can my wife and I use the same attorney or firm in an uncontested divorce for a settlement?

We do not want to pay 2 retainers.

Asked on October 20, 2011 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

*Can* you do this, in the sense that is it legal? Yes. The attorney must disclose the inherent conflicts in the role to the two of you, and you must both agree in writing to the representation, but this is something persmissible.

It is VERY inadvisable, however. Even if the divorce itself is uncontested, there are a great many issues about the division of assets (including property like cars, homes, etc., which are valuable and can be difficult to liquidate for their fair value), spousal support, the division of debts or obligations incurred jointly, child custody and support (if applicable)--even who gets the pets, if you have any--where your and your wife's interests may not be the same. You each really should havve your own attorney to make sure your own interests are fully looked after.


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