Is a divorce considered contested if both parties have separate lawyers? 13 Answers as of October 09, 2013

My wife and I have come to an agreement on everything but she wants to be represented by her own lawyer. She doesn't trust having the same lawyer even though we've made out all of the arrangements.

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Gottlieb & Goren, P.C.
Gottlieb & Goren, P.C. | Aaron W. Goren
Technically it's contested, but that should not impede quick disposition.
Answer Applies to: Michigan
Replied: 10/9/2013
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
Realistically speaking it would be unethical for an attorney to represent both of you in a dissolution matter. It is not unusual for parties who have reached an agreement to both be represented by different counsel, just to make each party comfortable that their interests are protected, and that the documents are properly prepared and entered by the court.
Answer Applies to: Arizona
Replied: 10/9/2013
Law Office of Robert E McCall | Robert McCall
Two lawyers does not make this a contested matter. If there is an agreement on all issues the matter is uncontested.
Answer Applies to: Florida
Replied: 10/9/2013
South Shore Legal Solutions
South Shore Legal Solutions | Michael J. Brophy
Separate counsel for both parties is always encouraged. The "uncontested" term relates to the absence of contestable issues at law, (usually child support, custody, asset related issues), between the parties.
Answer Applies to: Massachusetts
Replied: 10/9/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
The case can remain uncontested if she agrees to everything thing and the child support depends on the child support guidelines and there is an agreed upon parenting plan.
Answer Applies to: Georgia
Replied: 10/9/2013
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    It is never wise for both parties to share an attorney and sometimes considered unethical on the attorney's part. However, this doesn't mean your divorce is contested, just that you each have someone not emotionally involved watching your back.
    Answer Applies to: New York
    Replied: 10/8/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    The matter will still be deemed uncontested. In fact, it is highly recommended that each party have independent counsel to assist them.
    Answer Applies to: New Jersey
    Replied: 10/8/2013
    John Russo | John Russo
    No it is not contested unless one of you make it so, also you cannot have the same lawyer the lawyer you have now can only represent one of you, they didn't tell you that?
    Answer Applies to: Rhode Island
    Replied: 10/8/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Its a good idea for both parties to have their own attorney if either one is represented.
    Answer Applies to: Michigan
    Replied: 10/8/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    An attorney is not allowed by the rules of ethics to represent both parties in a divorce.
    Answer Applies to: Florida
    Replied: 10/8/2013
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    One lawyer can not represent two parties with conflicting interests.
    Answer Applies to: New Jersey
    Replied: 10/8/2013
    Bruce C. Zivley, Attorney at Law
    Bruce C. Zivley, Attorney at Law | Bruce C. Zivley
    No, such does not make the case contested. It would be unethical for the same attorney to represent both sides to a divorce action.
    Answer Applies to: Texas
    Replied: 10/8/2013
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    A divorce is only contested if you disagree about the issues, no matter how many lawyers are involved. Lawyers are ethically required to represent only one of you because by its very nature, a divorce means your individual interests are or may be at odds with each other. No good ethical lawyer would agree to represent both you. Your wife is absolutely entitled to have her own attorney and you should also have your own who can protect your interests and advise you.
    Answer Applies to: Nebraska
    Replied: 10/8/2013
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