When spouses agree that their marriage is ending and want to keep the divorce as amicable as possible, hiring two separate attorneys may seem unnecessary. If you’re already in agreement on most issues, you may wonder: can we just use the same divorce attorney?
In California, one attorney generally cannot represent both spouses in a divorce. Even when the divorce is friendly, each spouse has separate legal interests, and those interests may not always be the same.
At the Law Office of Stuart E. Bruers, based in Torrance and serving clients throughout Los Angeles County, Orange County, the South Bay, and the San Gabriel Valley, we help clients understand their options for resolving divorce matters efficiently while protecting their individual interests.
Why Can’t One Attorney Represent Both Spouses?
Attorneys have an ethical obligation to advocate for their clients. In a divorce, the spouses are opposing parties in the same legal proceeding, even when they agree on how they would like to resolve the case.
Potential conflicts can arise over issues such as:
- Property division
- Spousal support
- Child custody
- Child support
- Retirement accounts
- The family home
- Tax consequences
An attorney advising one spouse about what is best for that spouse may be giving advice that conflicts with the other spouse’s interests.
For that reason, one divorce attorney cannot simply serve as the lawyer for both sides.
What If We Agree on Everything?
Even if you and your spouse have already reached an agreement, you still have separate legal interests.
One spouse may hire an attorney to prepare or review the necessary documents. However, that attorney represents only that spouse and cannot provide independent legal advice to the other.
The other spouse may choose to consult with their own attorney before signing an agreement.
Having separate legal advice does not necessarily mean the divorce has to become contentious. In fact, understanding your rights can sometimes make it easier to reach a lasting agreement.
Do We Both Have to Hire Attorneys?
No.
California does not require each spouse to hire a divorce attorney. One spouse may have an attorney while the other represents themselves, or both spouses may choose to proceed without attorneys.
However, divorce agreements can have significant long-term consequences. Before agreeing to important terms, it may be helpful to understand how they could affect your finances, property rights, or relationship with your children.
This can be particularly important when the divorce involves:
- Significant assets
- Real estate
- Retirement benefits
- Business ownership
- Spousal support
- Complex custody arrangements
What About Mediation?
Mediation is another option for couples who want to resolve their divorce cooperatively.
A mediator acts as a neutral third party who helps the spouses communicate, identify areas of disagreement, and work toward a resolution. Unlike an attorney representing one spouse, the mediator does not advocate for either party.
Spouses participating in mediation may still choose to have their own attorneys review proposed agreements and provide independent legal advice.
Can Having Separate Attorneys Still Be Amicable?
Absolutely.
Hiring separate attorneys does not mean you are preparing for a courtroom battle.
Attorneys can help spouses negotiate agreements, identify potential problems, prepare appropriate documents, and resolve disagreements without unnecessary litigation.
For couples who want an amicable divorce, the goal can still be cooperation and settlement while ensuring that each person understands their individual rights.
Why Experience Matters
Even a relatively straightforward divorce can involve decisions that affect your finances and family for years to come. An agreement that seems fair today may have consequences that aren’t immediately obvious.
With more than 30 years of family law experience, attorney Stuart E. Bruers helps clients throughout Southern California understand their rights, evaluate proposed agreements, and pursue practical resolutions that protect their interests while avoiding unnecessary conflict whenever possible.
Take the Next Step
If you and your spouse are considering an amicable divorce and have questions about whether you need separate attorneys, contact the Law Office of Stuart E. Bruers today. We represent clients throughout Torrance, Redondo Beach, Long Beach, Beverly Hills, Pasadena, and surrounding Southern California communities, providing experienced guidance through both uncontested and contested divorce matters.