When spouses have decided to divorce amicably, one of the first questions they often ask is:
“If we agree on everything, can’t we just use one lawyer?”
It is a reasonable question. If neither spouse wants a court battle, hiring two lawyers may feel unnecessary, expensive, or even contrary to the cooperative approach they are trying to maintain.
But in Florida, an amicable divorce does not change one important fact: one divorce lawyer cannot represent both spouses in the dissolution.
That does not mean, however, that an uncontested or amicable divorce needs to become complicated or adversarial.
Why Can’t One Divorce Lawyer Represent Both Spouses?
Even when spouses are getting along and agree that they want a divorce, they remain two separate people with potentially different legal interests.
A divorce agreement can address significant rights and obligations, including:
Division of assets and debts;
The marital home and other real estate;
Retirement accounts;
Alimony;
Parenting arrangements and timesharing;
Child support;
Insurance;
Tax-related provisions; and
Other financial responsibilities after the marriage ends.
Florida's ethical rules prohibit lawyers from representing clients whose interests are directly adverse in circumstances where the conflict cannot appropriately be undertaken. The Florida Bar's ethics materials specifically address the problems associated with representing both spouses in a divorce.
So even when both spouses tell me, “We agree,” I cannot be both spouses' divorce lawyer.
But What If We Really Do Agree on Everything?
This is where an amicable divorce can look very different from traditional divorce litigation.
One spouse may retain an attorney to assist with the divorce while the other spouse remains unrepresented or retains separate counsel simply to review the proposed settlement.
The attorney represents only his or her client. The attorney cannot give the other spouse legal advice or tell that spouse whether accepting a particular provision is in his or her best interest.
That distinction is important.
But it does not require the parties to behave like adversaries.
When spouses are genuinely committed to reaching an agreement, the process can remain cooperative and settlement-focused from beginning to end.
Do We Each Need to Hire a Full-Service Divorce Lawyer?
Not necessarily.
There is an enormous amount of space between:
“We both use the same lawyer”
and
“We each hire litigation attorneys and prepare for war.”
For example, one spouse may retain an attorney to guide the amicable divorce process and prepare the necessary settlement documents. The other spouse may choose to consult with an independent attorney to review the proposed agreement before signing it.
Depending on the circumstances, that review may be much more limited than hiring an attorney to conduct a contested divorce case.
Florida's family-law system also recognizes situations in which parties reach agreements themselves. Florida Supreme Court-approved family-law forms specifically contemplate marital settlement agreements when spouses have resolved some or all of the issues in their divorce.
The appropriate structure depends on the couple, their finances, whether they have children, and the complexity of the issues involved.
What About Using a Mediator Instead?
For some couples, mediation is another excellent option.
A mediator does not represent either spouse.
Instead, the mediator serves as a neutral third party who helps both spouses identify the issues that need to be resolved, communicate about those issues, explore possible solutions, and work toward an agreement.
This can be particularly useful for couples who say:
“We agree on most things, but there are a few details we cannot work out.”
“We don't want to fight, but we need help getting this across the finish line.”
“We want someone neutral to help us have the conversation.”
“We want to resolve everything before filing for divorce.”
When an agreement is reached, the terms can be memorialized in a marital settlement agreement and, when children are involved, an appropriate parenting plan.
Amicable Does Not Mean You Should Skip the Legal Details
Sometimes couples assume that because their divorce is friendly, the paperwork should be simple.
Unfortunately, that is not always true.
Even a completely amicable couple may own a home, have retirement accounts, carry joint debt, operate businesses, have unequal incomes, or need to establish a detailed parenting plan.
A good settlement should address more than simply who gets which bank account.
It should also anticipate practical questions such as:
When and how will the marital home be sold or refinanced?
How will retirement accounts be divided?
Who will be responsible for particular debts?
How will children's extracurricular and uncovered medical expenses be handled?
What happens during holidays and school breaks?
Who claims the children for tax purposes?
Are there deadlines for transferring property or refinancing obligations?
What happens if something cannot be completed by the contemplated deadline?
Resolving those issues thoughtfully at the beginning can reduce the likelihood of disagreement later.
An Amicable Divorce Can Still Be a Legal Divorce Done Well
Choosing not to litigate does not mean ignoring your legal rights.
It simply means approaching the divorce differently.
An amicable divorce can allow spouses to maintain greater control over the process, focus their resources on reaching a workable resolution, and avoid unnecessary conflict.
The goal is not to create a fight where one does not exist.
The goal is to make sure that the agreement accurately reflects what both spouses intend and provides a workable framework for their lives after divorce.
Considering an Amicable Divorce in Florida?
Nicole Alvarez Family Law focuses exclusively on non-litigation family law matters, including amicable divorce resolution and family-law mediation.
If you and your spouse are considering divorce and want to explore whether an amicable, settlement-focused process may be appropriate for your family, our office offers private consultations by Zoom throughout Florida.
Nicole Alvarez Family Law
Miami, Florida
Serving clients throughout Florida virtually
www.nicolealvarezlaw.com
This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every family-law matter is different, and you should consult with an attorney regarding your particular circumstances.