Can We Both Be Represented?

Going through a divorce can put a significant strain on your finances. Perhaps your mortgage was being paid down by both your income and your spouse's income and now you are planning on paying it down with only your income. It is also not uncommon that one spouse was paying for the mortgage of the marital home and is now living in a second home or apartment. These circumstances are not only stressful but also financially draining. This often leads to a husband and wife trying to avoid the need to each have representation and the accompanying cost. One common question is: "Can you represent both me and my wife, we have agreed on almost everything." The short answer is: "No." Representing both a husband and wife going through a divorce presents an inherent conflict of interest. An attorney is prohibited from representing two parties with distinct interests, such as a husband and wife in a divorce.

That said, there is no strict requirement that either you or your spouse must have an attorney. So, if you truly are close to an agreement, or believe one can be reached with relative ease you may consider hiring an attorney for yourself and having an agreement drafted that is consistent with what you and your spouse have discussed. This is a good result on a number of fronts: you have the advice of counsel, you have an agreement drafted by an attorney that practices in Texas, you have potentially avoided the need/cost of both you and your spouse being represented. Well, this where things get tricky and your spouse is likely to ask: "Why do you get an attorney, I should have the attorney!" Before too long you are both represented and may be further apart than you were originally. This may be unavoidable. Depending on the circumstances it may be best to present the option of only one of you being represented by an attorney so that your spouse isn't surprised to learn that you have retained an attorney.

If you have questions on the best way to handle this common situation, or would like to learn more about the divorce process contact our office today to speak with an Austin divorce lawyer who can help.