When a couple agrees to divorce, they may wish to do it efficiently. One question many spouses ask is whether they can hire the same lawyer. Couples may consider sharing the same lawyer to reduce paperwork and legal costs.
However, under Florida law, one attorney cannot represent both husband and wife in a divorce proceeding. Even if you and your spouse agree on all the details, the law does not permit dual representation.
At Coleman Law Group, we frequently assist persons throughout Pinellas, Hillsborough, and Pasco counties with family law issues. Let’s explain why the same lawyer cannot be shared in your divorce in Florida, how a conflict of interest rule shields you, and the alternatives to a shared attorney for an uncontested divorce.
The Core Rule: Conflict of Interest in Florida Divorce
It is a violation of the rules of professional conduct in Florida for an attorney to represent opposing parties in the same case or in the same matter. Divorce is a lawsuit between two opposing sides presented as Petitioner and Respondent.
This involves various legal interests in property division and parenting arrangements. This can automatically create a conflict between you and your spouse.
An attorney has a duty of loyalty to his client.
Attorneys must maintain confidentiality of the information they receive from their clients. This privilege allows you to be open with your attorney while maintaining confidentiality of the information disclosed.
- Confidential conversations: If the same lawyer represented both of you, he or she would have to keep one secret from one spouse and be open with the other.
- Attorney-client privilege: Attorney-client privilege can be lost when an attorney represents conflicting parties.
- Fair advice: An attorney cannot give you individualized legal advice without potentially harming your spouse’s position.
Trying to use the same lawyer for both spouses’ divorce creates a direct conflict with state ethical standards.
Common Misconceptions About Sharing a Divorce Lawyer
Many couples presume they can appoint one individual to handle all the legal work. So let’s uncover some common misconceptions.
“We agree on everything, so we do not have a conflict.”
In an uncontested divorce, your financial and parental rights are separate. Even when spouses agree on the terms of their divorce, an attorney must comply with Florida’s professional conduct rules regarding conflicts of interest.
“What about if the same lawyer plays the role of the neutral mediator?”
An attorney can be a neutral party to assist you in creating an agreement. When an attorney serves as a mediator, however, they do not represent either party. They are not allowed to provide legal counsel to either party nor act as your lawyer in court.
“We are employing the same lawyer, so one attorney is representing both of us.
Should you use an attorney for the documentation of an uncontested divorce, they represent only the party who signed the retainer contract. The other spouse is an unrepresented party.
What Happens in Uncontested Divorces in Tampa Bay?
Even if you and your spouse desire an uncontested divorce, you need not violate ethical requirements in Florida to achieve that.
If the divorce is uncontested, both parties agree on all of the terms and go to court already in full agreement:
- Splitting assets and debt between spouses
- Plan and timesharing for parents
- Child support calculations
- Support (alimony) payments
Although you may not have the same attorney in both cases, you don’t have to pay high rates or deal with a lot of trouble in the courtroom with an attitude that costs are no object.
How Uncontested Representation Actually Works
The couple typically takes matters into their own hands in one of two ways if they agree on terms.
Option 1: One Spouse Hires an Attorney, the Other Goes Pro Se
Both parties appoint a lawyer to prepare the “Marital Settlement Agreement” and all court documents. The spouse hired receives full legal counsel and the protection of the law.
The other spouse decides against obtaining counsel and represents him or herself (also called “acting pro se”).
Option 2: Both Spouses Hire Their Own Independent Counsel
A separate legal advisor for both husband and wife. The first attorney prepares the initial paperwork; the second attorney reviews it to ensure that his own client’s rights are protected.
This is the safest alternative for all parties. With the terms already agreed upon, the secondary attorney’s job is less burdensome, and legal fees are reasonable, with both parties fully informed.
Local Court Nuances Across Pinellas, Hillsborough, and Pasco Counties
Although state law applies to divorce procedures throughout Florida, the procedures may differ slightly across family court jurisdictions. Coleman Law Group provides clients with assistance with the local requirements in three key Tampa Bay counties.
Family Law Courts in Pinellas County:
- In Pinellas County family court (in Clearwater and St. Petersburg), there are strict filing rules and mandatory financial paperwork requirements.
- All financial affidavits must be completed in full and submitted before a judge will sign off on a final judgment.
- Your filing process goes as smoothly as you can expect in a lawyer’s presence because they can guarantee that your filings comply with the standards of the Pinellas County courts.
Hillsborough County Family Law Courts:
- Hillsborough County (Tampa) has a large number of domestic relations cases.
- Judges take all agreements concerning parenting schedules and child support seriously and are likely to expect adherence to the state’s guidelines.
- As to cases involving two spouses, even when the parties try to simplify the case, Hillsborough divorce judges will remind unrepresented parties that the filing attorney represents just one party.
Pasco County Family Law Courts:
- Home to New Port Richey and Dade City, the courts of Pasco County value prompt resolution in uncontested cases.
- Administrative standing orders can be a great impediment to a final decree if the documents are not drafted correctly.
- An expert local company can ensure you don’t start with paperwork that falls short of what the judges expect.
Risks of Attempting Joint Legal Representation
Not having professional representation, or expecting one professional to represent both of you, is very high risk.
- Unfair Settlement Terms: Agreeing to surrender a substantial amount of retirement, home ownership, or child support without being aware of it.
- Unenforceable Agreements: If a court finds that one party did not have the usual opportunity to obtain independent counsel during negotiations, or that a party was deceived, the court may strike the agreement.
- Unexpected Conflicts: A common attorney in the middle of the case, if they have a disagreement or conflict with either party, will have to withdraw from the case altogether, wasting money and time for both parties.
- Invalid Court Filings: If your filing violates the rules of professional ethics, your attorney will inform the judge of this, and you will not be able to proceed with your case.
Mediation in Friendly Divorces
If you and your spouse would like to discuss the terms without being overly extreme, an experienced family law mediator is a great choice.
Some important points about mediation:
- The mediator is not a representative for either spouse.
- Mediators are not able to provide personal legal counsel.
After reaching an agreement, each spouse should be represented by an independent lawyer in the review of the final contract.
How Coleman Law Group Protects Your Future
Going through a divorce is emotional, even if both parties agree. What you need is a legal professional who understands your objectives, interprets your legal rights in an easy-to-understand way, and is effective in solving your case.
Take the Next Step in Your Divorce Journey
The dissolution of a marriage is the beginning of a new stage of life. You can’t share a divorce attorney with your spouse, but if you take the proper legal action, then you won’t have any avoidable disputes and expenses later on.
If you reside in Pinellas, Hillsborough, or Pasco counties and trust us to provide the support you need for your family law case, please get in touch with us today. Call Coleman Law Group today to confidently secure your rights while maintaining confidentiality.
