Sharing a Divorce Lawyer in New Jersey is Prohibited and Risky

Explore the reasons behind the prohibition on both spouses having one attorney to handle their divorce and how to navigate an uncontested divorce fairly and cost-effectively

Going through a divorce is often an emotionally and financially stressful event. Couples are often worried about dividing their assets, losing a substantial amount of the wealth they’ve built, and/or not being able to make ends meet with separate households and a reduced income. As such, and particularly in uncontested divorces, paying for the legal fees involved in the divorce may be an expense that they wish to minimize by sharing one divorce lawyer. However, while this might seem like a good idea when you’re anxiously trying to minimize costs wherever possible, there can be a major cost (pun intended) to sharing a divorce lawyer in the long run and, if you are getting a divorce in New Jersey, it is not allowed.

Out of concern for all the potential conflicts of interest and a lawyer’s inability to effectively represent the interests of both parties, each spouse is required to have their own counsel or represent themselves – they cannot share an attorney in divorce proceedings. With that option off the table, it is valuable to understand why sharing a lawyer in a New Jersey divorce case is prohibited and how to otherwise avoid protracted litigation in an uncontested or simple divorce.

Separate Representation in Divorce is Crucial for Protecting Both Parties’ Interests in NJ

Every lawyer owes a fiduciary duty to their client, which is an ethical obligation to act in the client’s best interests. If a lawyer’s loyalty is split or they have to consider the interests of another party, let alone an adversary in the proceeding, it is impossible to effectively fulfill their fiduciary duties on issues like asset division, spousal support, child custody, and child support.

Even if the couple believes that they agree on many of these issues or when assets are being split completely evenly, there is still an inherent conflict. Perhaps equal division of the assets is not actually equitable to one spouse or maybe one spouse is agreeing to less spousal support than is in their best interests. It is important for each party to have an advocate that can educate them about their options and be able to pursue the best outcome possible for that client in the divorce case. In these situations, it is impossible for a lawyer, a fiduciary, to advocate equally for parties that have inherently conflicting interests.

If each party does not have their own representation in a divorce, the chances of an unfair settlement increase. One spouse may come to the table more knowledgeable than the other or with greater bargaining power. It is nearly impossible for a lawyer to adequately advocate for each party and even the playing field. Even the pursuit of trying to “even the playing field” would be a violation of the lawyer’s fiduciary duty to at least one of the spouses.  As a result, an unfair settlement in which one party has compromised too much or certain interests have been overlooked completely is likely to result.

One Lawyer for Both Spouses Compromises Attorney-Client Privilege

Another reason why sharing a divorce lawyer in a New Jersey divorce proceeding is not allowed is because doing so would completely violate the attorney-client privilege, which protects communications between a lawyer and their client. However, when spouses share a divorce lawyer, this privilege is compromised. It removes a lawyer’s ability to have confidential communications with each client about their goals and objectives, as well as information that they may otherwise wish to share with their lawyer that could be harmful to their case if their spouse was aware of the information.

How a Mutual Lawyer’s Biases can Lead to Unfair Representation

Even for the most impartial lawyer, it is human nature to have conscious or unconscious bias in favor or against individuals. For example, they may sympathize with one spouse more than the other or their personality may naturally click more with one spouse. They could also be turned off by personality traits or information learned about one spouse, and this could create a bias against that person. The dynamic may be exacerbated if one or more of the spouses perceive this bias and change their own behavior by withdrawing or becoming more aggressive.

The lawyer’s bias might not even be directly towards one of the spouses individually, but rather a value, personal experience, or worldview bias. For example, perhaps the lawyer is a man who has been through a divorce himself and was required to pay a considerable amount in spousal support. If this created a hardship in his life, he might be even unconsciously apprehensive about advocating for a proper amount of spousal support if representing both spouses. While this bias could exist even if he was representing only one of the spouses, it is much less likely that one can control their bias when representing both parties.

Or perhaps the lawyer is a new mother representing both spouses, one of whom is a breastfeeding mother who wants to shape their custody arrangements around continuing their breastfeeding journey. It is easy to see how, even on an unconscious level, a lawyer’s personal values or life experience could result in bias in favor of one spouse. When a lawyer’s singular mission is to ethically represent their client’s interests, it is much easier to do that without the influence of conscious or unconscious bias.

Skip the Shared Attorney – Better Options Exist for Couples who Agree in NJ

Going through a divorce does not mean that you need to spend an exorbitant amount of money on legal fees or become involved in never-ending litigation. There are alternatives available to couples who wish to obtain a divorce quickly and efficiently without sharing a lawyer. In particular, collaborative divorce or mediation are great options for having independent representation but working together to reach an agreement on key issues like asset division, child custody, and child and/or spousal support.  Through these avenues, the couple can memorialize their decisions in a divorce agreement and then present the agreement to the court to issue an order.

Trust Our Experienced Ocean Township Divorce Attorneys To Protect Your Rights And Interests

Your divorce does not need to be a nightmare, and you do not need to navigate it alone. Finding a lawyer who you trust and can openly confide in is an invaluable asset as you go through this challenging time. Anyone who has been through a divorce knows that even the most amicable divorces are emotionally and mentally taxing. Ensure that your legal rights and interests are protected by consulting with an experienced New Jersey divorce attorney at  Bronzino Law Firm who will be your dedicated advocate with your best interests alone in mind. With our help, you and your spouse, along with their own counsel, can work to reach a mutual agreement on the issues that will greatly impact your life moving forward. We assist clients throughout the Ocean and Monmouth County areas, in communities like Eatontown, Ocean Township, Belmar, Manasquan, Lakewood, Neptune, Jackson, Brick, Wall, and across Southern New Jersey. To set up an appointment or a free consultation with one of our seasoned divorce lawyers, please contact our office at (732) 812-3102 today.