It is not a good idea to use the same attorney for your divorce.
It’s a question that comes up more often than you might think: If we’re on good terms, can we just use the same divorce lawyer in Salt Lake City and keep things simple?
At first glance, it sounds efficient. One lawyer. One process. Less cost. Less conflict. But in almost every case, the answer is the same: No. You generally cannot (and should not) use the same attorney for your divorce.
Understanding why can help you avoid serious legal and financial problems down the road.
Why It Isn’t a Good Idea to Use the Same Attorney for Our Divorce
Divorce is, by definition, a legal proceeding between two opposing parties. Even if things feel amicable, there are still competing interests:
- Division of property and debts
- Child custody and parent-time
- Child support
- Spousal support (alimony)
An attorney has a legal and ethical duty to act in the best interests of their client. They cannot do that for two people at the same time when those interests may conflict.
In both Utah and Idaho, rules of professional conduct prohibit attorneys from representing both sides in a divorce due to this conflict of interest.
Get Clear Guidance for Your Divorce
What an Attorney Is Actually Allowed to Do
While one attorney cannot represent both spouses, there are situations where one lawyer is involved in an amicable divorce. Here’s how that typically works:
One Attorney Represents One Spouse
One spouse hires the attorney. That attorney:
- Provides legal advice to their client
- Drafts documents
- Negotiates terms
The other spouse is considered unrepresented. They can:
- Review the agreement
- Ask questions
- Hire their own attorney if needed
But the key point is this: The attorney only represents one side.
Uncontested Divorce Support
In very cooperative cases, one attorney may handle most of the paperwork for an uncontested divorce.
However, they are still not representing both parties; they are simply preparing documents based on an agreement.
A Calmer, Clearer Way Through Divorce
Why Using One Attorney Is Risky
Even in amicable divorces, using one attorney (or trying to treat one attorney as “shared”) can create problems.
Lack of Independent Advice
Each spouse has different rights and interests. Without independent legal advice, one party may:
- Agree to unfavorable terms
- Overlook long-term financial consequences
- Misunderstand their rights
Power Imbalances
In many relationships, one person is more financially informed or more assertive. Without separate representation, that imbalance can carry into the divorce process.
Future Disputes
Agreements reached without proper representation are more likely to be challenged later. This can lead to:
- Modifications
- Enforcement issues
- Additional legal costs
What seems simple in the moment can become complicated later.
When Couples Think This Will Work
Couples often consider using one attorney when:
- They are on good terms
- The divorce feels “easy”
- There are minimal assets
- They want to save money
Those are all valid goals.
But even in these situations, it’s important to separate efficiency from legal protection.
Better Alternatives to Using the Same Attorney
If your goal is to keep things simple and reduce conflict, there are better options.
Mediation
Mediation allows both spouses to work with a neutral third party to reach agreements. The mediator does not represent either side but helps facilitate discussions and resolution. Each spouse can still consult their own attorney for legal advice.
Collaborative Divorce
In a collaborative divorce, both parties have their own attorneys but commit to resolving the case outside of court.
This approach focuses on cooperation while still protecting each person’s legal interests.
Uncontested Divorce With Independent Review
Even in a fully agreed-upon divorce, it’s often wise for each spouse to at least consult their own attorney before finalizing the agreement.
This ensures that both parties understand what they are signing.
The Cost Question
One of the biggest reasons couples consider using the same attorney is cost.
It’s true that having two attorneys may increase upfront expenses. But it can also:
- Prevent costly mistakes
- Reduce the likelihood of future disputes
- Provide clarity and confidence in the agreement
In many cases, the cost of fixing a bad agreement later is far higher than doing it correctly the first time.
The Emotional Side of the Decision
Divorce is not just a legal process; it’s an emotional one. Even couples who start out on good terms can encounter disagreements once:
- Finances are fully disclosed
- Parenting schedules are discussed
- Long-term implications become clearer
Having separate attorneys helps create structure and boundaries, which can actually reduce conflict over time.
What Courts Expect
Courts generally assume that each party has had the opportunity to seek independent legal advice. If it becomes clear that one party did not fully understand the agreement, it can raise concerns about fairness and enforceability.
This is another reason why shared representation is not allowed.
Contact a Salt Lake City Divorce Lawyer Today
While it may seem easier to use the same attorney for your divorce, it is not permitted, and it is rarely a good idea.
Each spouse has unique rights and interests that deserve independent legal protection. If your goal is to keep the process efficient and low-conflict, options like mediation or collaborative divorce can help you achieve that without sacrificing legal clarity.
In the end, a fair, well-structured agreement is far more valuable than a quick one. If you would like to learn more, call Brown Family Law for a consultation.
