Some might find this hard to believe, but divorcing couples sometimes ask if they can share one lawyer. This makes a lot of sense, in theory. If you and your soon-to-be-ex agree about how you will divide your property and raise your children, then you might be eager to simply get the divorce process behind you and move on with life. It seems rational and practical, then, to have one lawyer draft a simple agreement that reflects your wishes, sign it together, and get going.
The answer to the question in the title above, however, is NO. Although such an arrangement might seem like a smart money- and hassle-saving arrangement, there are important reasons why a lawyer cannot represent both a husband and wife in a divorce. The ethical rules for lawyers prohibit representing both parties in an adversarial, or potentially adversarial, proceeding. Even if you are the rare ex-couple that gets along brilliantly, you are still opposing parties in a legal matter. No lawyer can adequately represent both sides of a dispute, without favoring one over the other.
Like anyone going through a divorce, you deserve a lawyer who has only your interests in mind as you navigate the divorce process. Even if you and your spouse agree that your case is cut and dry, if you want legal guidance, you’ll each have to seek your own.