Contact Us Today 248-608-4123

Michigan Family Law Blog

Can A Lawyer Represent Both People In A Divorce In Michigan If They Agree On Everything?

Posted by Cameron Goulding | Jan 30, 2025 | 0 Comments

Photo by Stephen Harlan on Unsplash

Sometimes when people are getting divorced, one person may think that they both agree on how to settle the case or both parties may actually agree on how to divide the property, handle custody (if there are kids), alimony and all the other issues that must be addressed when people are divorcing.  In that case, I am often asked whether one lawyer can represent both parties, this blog is written to generally address whether one family law attorney can represent both people in the divorce if they "agree on everything" or if it is an "uncontested divorce".  If you have specific questions regarding this issue please do not hesitate to contact us to schedule a consultation either by clicking on this link or calling (248) 608-4123.

Can One Lawyer Represent Both People In A Divorce If They Agree On Everything Or If It Is An "Uncontested Divorce"?

The answer is technically no, one attorney cannot represent both parties.  According to the Michigan Rules of Ethics, one attorney cannot represent both parties to a divorce because by it's nature it is an adversary proceeding.  There is only one pot of assets that has to be divided, so that the more one party gets, the less the other does and the same is basically true with regards to alimony, custody and child support.  This means that there is an inherent conflict of interest for one attorney to represent both parties and to do so would be a violation of the rules of ethics.

Further, if one of the parties decides after starting the process that they are not in agreement as was previously thought, then the attorney would not be able to represent either of the parties and would have to withdraw from the case.  Also it should be noted, that while a mediator can prepare a settlement agreement for unrepresented parties, the mediator cannot then file for divorce and prepare the required documents to accomplish the actual divorce.  An attorney must be obtained by at least one of the parties to prepare those documents and finalize the divorce.  If the case has already been mediated and there is a signed settlement agreement prepared by the mediator and signed by the parties to the divorce, then most family law attorneys in Michigan are wiling to take the case at a deeply discounted rate from most other cases.

However, this does not mean that two attorneys are required.  If the parties actually agree on everything, then one person hires the attorney and advises the attorney of the agreement and provides the details to the attorney.  The attorney will then have to review the agreement and advise that client about the pros and cons of the agreement based upon the law in Michigan as it applies to the facts and circumstances of the particular case.  If after that review, the client still agrees that the proposed settlement is reasonable, then the attorney would prepare the proposed settlement agreement, along with the other documents required to start the case and provide that to the other person.  The attorney can discuss the case with the other person as long as the attorney makes it clear that the attorney represents the client and not the other party.  The attorney preparing the documents should offer a discounted rate or a "flat fee" which would be much less than it would cost to proceed with a "contested divorce". 

The other party then does not have to hire an attorney.  They can just sign the settlement agreement based upon their own review of the document and then the attorney will handle finalizing the divorce.  If the other party is not completely comfortable with that, the other party could also hire an attorney at a discounted rate to just review and discuss the pros and cons of the proposed agreement prior to signing to make sure that they are not giving up too much or that the proposed settlement agreement does indeed match what the parties agreed upon.  If the parties are able to handle the divorce in this manner, it should save both of them significant attorney fees and other costs related to going through the normal divorce process. 

If you have questions regarding divorce, separation, custody, parenting time, alimony or child support, please contact us to schedule a consultation by clicking on this link or calling (248) 608-4123

About the Author

Cameron Goulding

A native of Oakland County, Michigan, family lawyer Cameron C. Goulding has been providing counseling and legal services of the highest caliber to individuals and families in Southeastern Michigan for over 24 years. Mr. Goulding grew up in Oakland County, Michigan and graduated from Birmingham G...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Goulding Family Law & Mediation, PLC is committed to answering your questions about Divorce, Family Law, and Estate Planning law issues in Michigan.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu