Can One Attorney Represent Me and My Spouse in an Uncontested Divorce or Dissolution?
An attorney can only represent one spouse in a divorce or dissolution action in Ohio, even if the parties wish to agree otherwise. An attorney is ethically bound to represent the interests of the person he or she is representing and providing legal advice to both spouses creates a conflict of interest. However, if the parties are comfortable proceeding with just one attorney, the attorney can assist in drafting the paperwork necessary to obtain a divorce or dissolution. Couples who choose this option often do so to save the expense of hiring two attorneys where both parties are satisfied with their agreement and do not feel the need to have two attorneys involved. If the parties choose to proceed with one attorney, the attorney may not, however, provide legal advice to the party that he or she does not represent. This often requires the unrepresented party to sign a waiver of service of legal counsel to ensure that party understands he or she is not legally represented by the attorney who drafts the paperwork.