Can a Lawyer Represent Both Parties in a Divorce?

Divorce is a complex legal process that requires careful handling of financial matters, property division, and child custody arrangements. One common question divorcing couples ask is whether a single attorney can represent both spouses. In New York, the answer is no. Legal ethics rules prohibit one attorney from representing both parties in a divorce due to the conflict of interest that arises when trying to protect the rights of two individuals with potentially opposing interests.

Why Separate Legal Representation Is Necessary

Divorce often involves negotiations over assets, spousal support, child custody, and other financial obligations. Each spouse has different priorities and needs, which can create disagreements—even in an uncontested divorce. Having separate legal representation ensures that each person’s rights are fully protected throughout the process. Without independent legal counsel, one spouse may unknowingly agree to unfavorable terms, putting their financial future at risk. Consulting a divorce lawyer in Brooklyn allows each party to manage the process with confidence, ensuring a fair and legally sound outcome.

Finding the Right Legal Process for Your Divorce

We understand that some couples prefer to resolve their divorce amicably without unnecessary conflict. While one attorney cannot represent both parties, there are legal options that promote a cooperative resolution:

• Mediation – A neutral mediator helps both parties reach a fair agreement without taking sides. While mediators do not provide legal advice, each spouse can consult a Brooklyn divorce attorney to review the final agreement.
  
• Collaborative Divorce – Each spouse hires their own attorney but agrees to settle matters outside of court. This approach can reduce legal costs and emotional stress.
  
• Uncontested Divorce with Independent Reviews – If both spouses agree on all terms, one spouse can hire an attorney to draft the necessary documents. The other spouse should still have an independent attorney review the agreement before signing.

Choosing the right approach depends on the level of agreement between spouses. If you are unsure which path is best for your situation, our firm can help guide you through the legal process. Learn more about our family law services by visiting Levitsky Law Firm PLLC.

The Risks of Trying to Share One Attorney

Attempting to share an attorney can create significant legal risks for both parties. A lawyer’s duty is to protect their client’s best interests, which becomes impossible when representing two people with conflicting concerns. Some risks include:

• Unfair Agreements – Without independent legal advice, one spouse may unknowingly agree to unfavorable terms regarding finances, property division, or child custody.
  
• Potential Legal Challenges – If an agreement is later challenged, courts may question whether both parties fully understood their rights. This can lead to disputes that prolong the process.
  
• Conflict of Interest Issues – An attorney cannot ethically advocate for both spouses, even in an uncontested divorce.

To avoid these complications, each spouse should work with a Brooklyn divorce lawyer to ensure fair and legally sound decisions.

Protecting Your Rights Throughout the Divorce Process

Divorce involves crucial decisions that affect your financial and personal future. Having a dedicated attorney on your side can help protect your assets, ensure fair custody arrangements, and negotiate a settlement that reflects your best interests. Proper legal representation is especially important in high-asset divorces, cases involving business ownership, or disputes over spousal support.

If you are facing divorce, our firm is here to help. Read what our clients have to say about our services by visiting our Testimonials page.

The Importance of Having the Right Legal Representation in Divorce

Ensuring that your rights are protected during a divorce is essential, especially when it comes to financial matters, child custody, and spousal support. With the right legal guidance, you can manage the process with confidence and secure a fair outcome. At Levitsky Law Firm PLLC, we provide experienced legal support for divorce cases in Brooklyn and Manhattan, offering personalized representation tailored to your needs.

Consulting a Brooklyn family lawyer can help safeguard your interests and guide you through the legal process. Contact us today to schedule a consultation.