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Can divorcing spouses share an attorney?

You and your spouse opt to get divorced, and it's far more casual than you ever anticipated. Your spouse agrees that it is the best move for both of you personally and for your family. They back the idea. They agree that they will work with you to divide assets fairly, split up parenting time and everything else.

You even feel like you can stay friends after the divorce. You may not want to stay married, but that doesn't mean you hate each other. You still had some good years together. You love your kids. You want to work together as co-parents, and you plan to.

With all that in mind, does it make sense to just hire the same attorney? You want someone to guide you through the legal process, but you know this will not get contentious. You don't need to fight it out in court. Are you even allowed to share an attorney?

Georgia law

While you may feel like this makes sense for your situation, the reality is that Georgia law does not allow you to share an attorney. If you both want a legal professional on your side, you will need to hire your own.

It is important to understand this up front so that you can start making plans. If you both walk into an attorney's office and say that you want them to run a divorce through for you, they are going to tell you that it just doesn't work that way. There is a bit more to the process.

It may fall apart

Another thing to consider here is that you may not even want to share an attorney. After all, your divorce feels amicable right now, but what if that falls apart? When things change, you need to know that someone is looking out for your best interests alone.

For instance, imagine that you start dating someone new during the divorce. Maybe it's not even official. You just spend some time hanging out and you send each other messages on social media. It's moving toward a relationship, but you want to officially end your marriage first.

Then your spouse finds out. They're furious. They accuse you of starting the relationship before even bringing up divorce -- whether that's true or not. All at once, they do not want to work with you, they do not want to stay friends and they do not even want to share custody of the kids.

It happens. You need to be prepared.

Protecting your rights

Whether you have an amicable divorce or not, you must understand the legal options you have and how you can protect your rights throughout the entire process.

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