My Spouse Wants to Save Money and Hire One Lawyer

When couples begin the divorce process, one of the first questions that comes up is whether they should hire one lawyer to save resources. While this idea may seem appealing at first, it’s important to understand the limitations, risks, and circumstances where shared legal representation is not recommended.

Bring your questions and concerns to the attention of a Port St. Lucie family law attorney. Divorce is a major legal and financial transition, having the right guidance from the start is important.

When It Might Make Sense to Use One Attorney

In Florida, a single lawyer cannot represent both spouses in a divorce because doing so would create a conflict of interest. However, one attorney can represent one spouse while the other spouse chooses not to hire their own attorney. This type of arrangement is most appropriate in very specific situations, such as:

• You have a simple, uncontested divorce. If both spouses fully agree on every aspect of the separation, one spouse’s attorney can prepare the necessary paperwork while the other spouse signs without negotiation.
• There are no children, shared debts, or major assets. When a couple has little to divide and no complicated decisions to make, it may be more efficient for one spouse to work with a lawyer to finalize the documents.
• Both partners trust each other fully and communicate well. In rare situations where cooperation is strong and transparency is guaranteed, one lawyer drafting the settlement agreement may be all that’s needed.
• Even couples with children sometimes choose the single attorney path if they agree on all aspects of time sharing and parental responsibility.

Even in these limited circumstances, the attorney ethically represents only one spouse. The other spouse has no one protecting their legal rights. BE AWARE:  if one party refuses to sign the agreement after hours of work, the entire process starts over and funds are wasted.

When You Should Have Your Own Representation

Often hiring your own attorney is the safest and most responsible choice. You should strongly consider having individualized legal support when there is disagreement on any major issue. Whether it’s time-sharing, alimony, property division, or debt allocation, even small disputes can quickly escalate. Having your own attorney ensures your voice is heard.

Additionally, legal support is key if there are significant assets or complex finances. Retirement accounts, real estate, businesses, and investment portfolios require careful review. A single attorney representing only one spouse cannot fairly assess what is in the other spouse’s best interest. Parenting plans, child support calculations, and long-term decision-making are too essential to leave unreviewed by your own legal counsel.

Your Port St. Lucie family law attorney is your advocate. Without one, you may agree to terms that are unfair or unsustainable. If your spouse wants to move forward with only one attorney, you can still meet privately with another lawyer to understand your rights before signing anything. A consultation gives you neutral, confidential advice so you can make decisions about your future.

Who is guiding you as you move to separate and divorce? The lawyers at Baginski, Brandt & Brandt can help you determine whether a single-attorney approach is workable or whether you’ll be better protected with your own representation. Taking this step early helps set the stage for a smoother, fairer, and more confident divorce process. Contact us today.