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

UPDATED: Oct 20, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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