Can We Use One Lawyer? The Myth of the “Amicable” Joint Representation

When you and your spouse decide to part ways, the process often begins with a desire to keep things civil and cost-effective. You might think, “We agree on everything, so can’t we just hire one attorney to handle the paperwork?” As experienced divorce lawyers in New Jersey, we hear this question constantly. While the intention is noble, the reality is that “joint representation” in a divorce is a legal myth that can jeopardize your future. Here is why you cannot—and should not—share a divorce lawyer in New Jersey. Call The Law Office of Jordan B. Rickards today.

The Ethical Conflict of Interest

In the eyes of the law, a divorce involves two opposing parties with distinct interests regarding assets, debts, and custody. Attorney ethics rules strictly prohibit representing clients with conflicting interests. A family law attorney in New Jersey cannot zealously advocate for your best financial interests while simultaneously trying to protect your spouse’s conflicting financial interests. We cannot fight for both sides of the same battle; it is an inherent conflict of interest.

The Distinction Between Mediation and Representation

A lawyer can act as a neutral mediator to facilitate a discussion, but they cannot then file the divorce on behalf of both of you. If you go to a divorce law office and one attorney drafts the settlement agreement, that attorney technically represents only one spouse. The other spouse is effectively unrepresented (Pro Se), meaning they have no one looking out specifically for their legal rights.

The Risk of Waiving Rights

If you rely on your spouse’s lawyer, you may unknowingly waive rights to alimony, pension shares, or assets simply because you didn’t know you were entitled to them. A reputable family law firm will always insist that the unrepresented spouse seeks independent counsel to review the agreement. This ensures that the “amicable” agreement is actually fair and not just a result of one party being uninformed.

Schedule a Consultation

Saving money on legal fees is tempting, but it should not come at the cost of your long-term security. Even in the friendliest divorces, independent legal advice is the only way to ensure a settlement is durable and just. Schedule a consultation with The Law Office of Jordan B. Rickards today.