Divorce

Can My Spouse and I Use the Same Divorce Lawyer?

Divorce is never easy, and most couples facing it simply want to keep things simple, affordable, and free of unnecessary conflict. If you and your spouse see eye-to-eye on most issues, the idea of hiring just one attorney might feel like the perfect way to ease the process. Unfortunately, Illinois law doesn’t allow this—and it’s meant to protect both of you.

At SLG Family Law, we get it. We know how emotional this time can be. That’s why we’ve spent years helping clients get through similar situations with compassion and care. While one lawyer can’t represent both of you, there are alternatives that can help you find an amicable, cost-effective resolution. Let’s explore your options together.

Why Does Illinois Prohibit Shared Legal Representation?

The Illinois Rules of Professional Conduct strictly forbid attorneys from representing clients with conflicting interests. Even in the most amicable divorces, spouses technically stand on opposite sides of legal issues. One person’s gain in property division or parenting time could be the other’s loss.

This conflict of interest rule protects both parties. Without independent representation, one spouse might unknowingly agree to unfavorable terms or miss important legal protections. The law recognizes that even friendly divorces involve competing interests that require separate advocates.

What Are Some Better Alternatives to Shared Representation?

Single Attorney with Unrepresented Spouse

One spouse can hire an attorney while the other proceeds without legal representation. This approach works best when couples agree on major issues, such as property division, child custody, and support.

However, the unrepresented spouse assumes significant risk. Without independent legal advice, they might overlook important rights or agree to arrangements that seem fair but aren’t legally sound.

Mediation Services

Mediation offers an excellent middle ground. A neutral mediator who doesn’t represent either party helps couples reach agreements on contested issues. Both spouses can still consult with their own attorneys to review any proposed settlement.

This approach often costs less than traditional litigation while maintaining important legal protections for both parties.

Collaborative Divorce

In collaborative divorce, each spouse hires their own attorney, but all parties commit to resolving issues cooperatively outside of court. This process emphasizes problem-solving over adversarial tactics.

What Are Some Tips to Keep Divorce Affordable?

Smart preparation can significantly reduce legal fees:

• Come prepared with agreements: Discuss major issues like property division and parenting arrangements before meeting with attorneys
• Use mediation strategically: Reserve professional mediation for your most challenging disagreements
• Stay organized: Gather financial documents and other necessary paperwork early in the process

Why Does Independent Representation Still Matter?

Divorce agreements can significantly impact your finances, children, and future for years to come. Even in friendly divorces, having your own advocate helps protect your interests and catch potential problems.

An attorney can spot issues you might miss, such as tax implications of property division or gaps in parenting agreements. This professional guidance often prevents costly problems down the road.

Remember, hiring separate attorneys doesn’t mean your divorce has to become contentious. Many couples successfully use independent representation while maintaining a cooperative approach.

Protect Your Interests

While Illinois doesn’t allow one lawyer to represent both spouses, this limitation doesn’t doom you to an expensive, drawn-out divorce. Mediation, collaborative divorce, and thorough preparation all pave the way to fair and efficient resolutions.

Ready to explore your options? Contact SLG Family Law for a consultation. We’ll help you find the most efficient path forward while protecting your rights and prioritizing your family’s well-being.