Can my spouse and I use the same attorney to file for divorce?
Our office often gets calls asking if a husband and wife can hire one attorney instead of each having their own attorney to represent them in a divorce. The Michigan Rules of Professional Conduct (the rules that lawyers have to follow to stay licensed) prohibit joint representation because it creates a conflict of interest. An attorney cannot represent the best interests of the wife while also representing the best interests of the husband.
However, there is no requirement that both parties hire an attorney. Though it isn't recommended, one or both parties can chose to represent themselves and proceed without an attorney.
Sometimes a couple has already decided how they want to divide their marital estate and resolved how they are going to co-parent their children before coming into the office. If you and your spouse have already resolved everything on your own, we are happy to assist one of the parties in drafting the proper paperwork and guiding them through the process. We cannot provide legal advice to the other party, however.
This article should not be construed as legal advice. Every case is different. Talk to your attorney today about any concerns you have. Call the Lashier Law Firm today at (586) 219-1984 or schedule your appointment online.