When going through a divorce, it is natural to want things to be as simple and stress-free as possible. Many couples consider using the same attorney to save time and money. While this may seem convenient, it can create serious legal problems and misunderstandings later in the process.
In the video, Atty. Tyler Monahan and Atty. Tina Campbell of Turner-Monahan PLLC explain why each spouse needs their own attorney during a divorce and share tips on how to have the conversation about separate legal representation with your ex. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Common Questions About Sharing an Attorney
Many people ask if one attorney can represent both spouses in a divorce. Sometimes, a spouse might even say, “My attorney can handle everything for both of us.” This can sound easier and less stressful, especially when you want the process to go smoothly.
However, this is not allowed. At Turner-Monahan, we often get questions about how to explain to your spouse that you need your own attorney. This can feel like a difficult conversation, but understanding why it matters can make it easier.
Why One Attorney Cannot Represent Both Spouses
One attorney cannot represent both sides in a divorce because it creates a clear conflict of interest.
An attorney’s job is to listen, give advice, and fight for their client’s best interests. If the same attorney were to represent both people, they would be forced to give two sets of advice that may not match. This is not possible or fair to either spouse.
The only neutral professional who can be involved with both parties at the same time is a mediator. A mediator does not give legal advice. Their role is to help both parties reach an agreement, ideally with each side having its own attorney to guide them and review decisions.
How to Talk to Your Spouse About It
It can be stressful to tell your spouse that they cannot use the same attorney. The conversation might feel uncomfortable, but it helps to focus on the fact that having separate attorneys protects both people.
Explain that this is not about starting a fight or making the divorce more difficult. It is about making sure that everything is fair and legally correct. A spouse can also choose to hire an attorney just to review the final divorce documents. This makes sure that what both parties discussed is written accurately in the final decree that becomes the official court order.
Why Separate Representation Helps Everyone
When both spouses have access to legal advice, there is less chance of confusion or mistakes later on.
For example, when you hire an attorney, they will listen to what you and your spouse want to agree on. They will then draft a legal agreement based on those discussions. If needed, they can suggest small changes to make sure the agreement will hold up in the future and protect both people.
Having separate attorneys also prevents one person from feeling pressured or manipulated during the divorce process. Each spouse knows their interests are being protected, which helps keep the process calm and respectful.
What the Texas Family Code and Professional Rules Say About Divorce Representation
The Texas Family Code and the Texas Disciplinary Rules of Professional Conduct outline the ethical and legal standards that protect both parties in a divorce. These rules explain why one attorney cannot represent both spouses and how mediation or settlement discussions should be handled fairly.
Rule 1.06: Conflict of Interest: General Rule
This rule states that a lawyer cannot represent opposing parties in the same legal matter. In divorce cases, this means one attorney cannot ethically represent both spouses because their goals and interests often differ.
Rule 1.07: Conflict of Interest: Intermediary
Under this rule, an attorney may act as an intermediary between clients only if strict conditions are met, including explaining all risks, getting written consent from both clients, and ensuring both can make informed decisions. In practice, this is almost impossible in a divorce, making shared representation unrealistic.
Rule 1.09: Conflict of Interest: Former Client
This rule prevents an attorney who has previously represented one spouse from later representing the other in the same or a related matter unless the first spouse gives written consent. This helps prevent misuse of confidential information and protects both parties’ rights.
Section 6.602: Mediation Procedures
The Texas Family Code allows divorce cases to be referred to mediation by agreement or court order. A mediated settlement agreement becomes binding only if it includes a clear “not subject to revocation” clause, is signed by both spouses, and, if applicable, by their attorneys. Mediation helps resolve disputes but does not replace the need for independent legal advice since mediators cannot give legal counsel.
Section 6.604: Informal Settlement Conferences
This section allows spouses to meet, with or without attorneys, to try to reach an agreement outside of court. For the agreement to be binding, it must meet the same formal requirements as mediation agreements, including clear language and signatures from both spouses. Having separate attorneys ensures that both parties fully understand and agree to the terms before signing.
Section 105.001: Temporary Orders and Children
This law permits courts to issue temporary orders in divorce cases involving children. These can include decisions about custody, child support, or restraining orders. Because temporary orders can immediately affect your rights and responsibilities, each spouse should have their own attorney from the start to avoid unfair outcomes.
Consult a qualified Texas divorce attorney to understand these rules better and learn how they may apply to your specific situation.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Divorce can be challenging, but having the right legal support makes a big difference. While it might seem easier for one attorney to handle everything, this is not possible and could cause serious problems later.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How to Handle Holidays After a Divorce: Visitation Tips”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
