Skip to main content

Can husband and wife use same lawyer for divorce?

My husband and I have no kids and are getting a divorce. We pretty much agree on the what we want in our separation agreement so we thought we should just hire one lawyer to save money. Is that OK?

Editor's Response

No.  Attorneys have an ethical obligation to avoid conflicts of interest, and the arrangement you are suggesting is a conflict of interest just waiting to happen.  Even though you think you have all the issues ironed out, something could pop-up when it comes down to reducing your agreement to writing.  At that point, your attorney would be in a tough spot. 
 
However, if you and your husband are looking for an amicable way to create your separation agreement, you might think about divorce mediation.  There are many lawyers in MA that perform this service.  Also, in cases where there is very little disagreement between the two spouses, you can save money by having two attorneys split the work.  For example, your lawyer can draft the divorce documents, and your husband's lawyer can review them.  Good luck.

Talk to a Lawyer Today
Find a Divorce Attorney in your County
Most offer FREE Consultations

Recent Posts about Massachusetts Laws

ForumLast post
I have a lease until June 2012, but I am very unhappy with my living situation, I pay half of the rent. I am a....
I cannot answer this question based upon your statement. Who are they....
2/8/2012 11:00
by Alexm2012
Is it legal for Massachusetts employer to send a SALARIED employee home for the day, without pay, for a dress ....
Federal and Massachusetts courts have upheld employee dress codes as l....
2/8/2012 09:09
by Munsterwoman
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
I'm very sorry about your situation and the ordeal your family is goin....
2/7/2012 23:02
by gramy
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
2/7/2012 08:18
by Adam13
Hi everybody. I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
2/6/2012 13:50
by ilya980
I've been helping a friend pay for a lawyer to go to probate court. Her ex-Boyfriend, whom she is taking to c....
2/6/2012 12:21
by rbiddle
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so.  In terms of civil liability (as opposed to cri....
2/3/2012 07:17
by Coller
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
2/2/2012 18:50
by JGraul
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
2/2/2012 08:07
by Sister6
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
1/24/2012 11:47
by RRM
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
10/2/2011 18:37
by Anonymous