Ending a marriage is rarely simple, even in the most cooperative situations. Many divorced couples are understandably concerned about legal costs, conflict, and complications. It’s no surprise that we often hear a very practical question at Nye Family Law: Can we share a Mesa divorce attorney to make things easier?
The short answer is no. Arizona law—and basic legal ethics—prohibit spouses from using the same attorney in a divorce. Even if you and your spouse agree on everything, one lawyer cannot legally represent both of you in this type of legal matter. In this blog, we’ll explain why this rule exists, your options, and how we can still help make the divorce process as efficient and amicable as possible.
Why You Can’t Share a Divorce Attorney in Arizona
The most important thing to understand is that a lawyer must advocate for their client’s best interests. Even the friendliest and most cooperative spouses are still considered opposing parties in a divorce. This means a Mesa divorce attorney can only represent one of you, never both.
Under the Arizona Rules of Professional Conduct, attorneys must avoid conflicts of interest. Rule 1.7 explicitly states that a lawyer may not represent two clients whose interests are “directly adverse,” which is nearly always the case in a divorce. Even in an uncontested divorce, there may be disagreements over child custody, spousal maintenance, or property division down the road.
These ethics rules are in place to protect clients. If a single attorney were to represent both spouses, offering each one fully loyal, confidential, and independent legal counsel would be impossible. You have the right to legal advice tailored to your needs, not diluted by someone else’s interests.
But What If We Agree on Everything?
You might be thinking, “But we’ve talked everything through. We don’t need lawyers fighting—we just need someone to file the paperwork.” We understand. That’s a common situation. But even when both parties believe they are in complete agreement, complications can arise when the law is applied to your circumstances.
Here’s an example: Let’s say one of you keeps the house. That decision may seem simple, but there are potential legal consequences involving the mortgage, title transfer, capital gains taxes, and more. One attorney can’t advise both parties on what’s best for them.
The person keeping the house might need advice on liabilities, while the other might need to be sure they’re adequately compensated or protected from future responsibility. Those legal needs conflict, even if the divorce is amicable.
We’ve seen many cases where spouses started the process on the same page but later disagreed when deeper issues emerged. It’s much better to prepare for that from the beginning than to find yourself unrepresented when it matters most.
Can One Attorney Draft the Divorce Paperwork?
This is where we often provide clarification: While we can’t represent both spouses, one party can retain our firm to handle the legal side of an uncontested divorce, including drafting and filing documents. The other spouse, however, must understand that we do not and cannot represent them or offer them legal advice.
In this scenario, the unrepresented spouse can hire their attorney for independent legal review. That helps ensure fairness and reduces the risk of disputes later. This method can keep costs low while preserving legal ethics and protecting everyone involved.
Alternative Options When You Want a Peaceful Divorce
If you’re both committed to working through the process cooperatively, we offer and support several alternatives that promote fairness and civility without violating legal ethics. Here are your best options:
1. Mediation
Mediation is one of the most common alternatives to traditional litigation. In this process, a neutral third party—often a trained mediator or former judge—helps spouses negotiate and resolve key issues such as property division, custody, and spousal support.
Mediators don’t represent either party. Instead, they facilitate discussion and help find common ground. Many divorcing couples in Mesa choose mediation to reduce costs, resolve disputes faster, and maintain more control over the outcome.
Arizona courts often encourage or require mediation in family law cases involving children. According to Arizona Revised Statutes §25-381.09, the court may refer parents to mediation to help resolve custody or parenting time disagreements. (source)
2. Collaborative Divorce
In collaborative divorce, each spouse hires their own Mesa divorce attorney, but both agree to avoid litigation. The spouses and their attorneys work together in a series of meetings to resolve all divorce issues respectfully.
Collaborative divorce can also involve other professionals, such as child specialists, financial advisors, or therapists. Everyone agrees in writing not to go to court. If the process fails and litigation becomes necessary, the collaborative lawyers must withdraw and hire new attorneys.
This approach encourages transparency and problem-solving while ensuring both parties have independent legal support.
3. Uncontested Divorce with Independent Representation
If you and your spouse have agreed on all significant issues, you can each hire your attorney to draft and review the necessary documents. This ensures both sides receive sound legal advice while avoiding conflict or surprises.
This method provides peace of mind and reduces the chance of future legal challenges, especially if your agreement involves complex assets, debts, or parenting plans.
The Risks of Proceeding Without a Lawyer
We sometimes hear from spouses who want to skip hiring a lawyer to save money. While that’s your legal right, we strongly caution against it, especially if you have children, shared property, or long-term financial ties.
Mistakes made during the divorce process can have lasting consequences. You might accidentally agree to unfair, vague, or unenforceable terms. It’s common for self-filed divorces to run into delays or require corrections because the paperwork wasn’t done properly.
At Nye Family Law, we’ve helped many clients correct issues from DIY divorces. Often, those clients spend more money later fixing what could have been done right the first time.
How a Mesa Divorce Attorney Can Still Help
As a family law attorney in Mesa, AZ, we don’t just handle high-conflict divorces. We’re here to assist anyone who needs clear legal guidance—whether you’re filing for divorce, seeking to mediate, or reviewing an agreement before signing.
Our goal is to empower clients with accurate information, compassionate counsel, and effective representation. We work with clients from all backgrounds—spouses just starting the process, those who’ve already made decisions, and even individuals trying to wrap up the final paperwork.
As a Mesa family lawyer, our services include:
- Reviewing and drafting settlement agreements
- Advising clients during mediation or collaborative divorce
- Handling child custody and parenting time matters
- Managing asset and debt division
- Filing court documents and attending hearings on your behalf
We’ll never push you into unnecessary conflict or court battles. When possible, we believe that informed, respectful cooperation—backed by smart legal advice—is the best path forward.
Arizona Divorce Trends and Statistics
It helps to look at the numbers to understand divorce in Arizona better. According to the Arizona Department of Health Services, the divorce rate in the state was 2.5 divorces per 1,000 residents in 2021. (source)
While this rate is slightly below the national average, divorce still affects thousands of Arizona families each year. And even with “friendly” divorces, legal support remains essential to protecting your rights and future.
Protect Yourself While Keeping the Peace
Sharing a divorce lawyer may seem like a simple solution, but it’s not legally possible in Arizona. For good reason, each person in a divorce deserves an advocate who is 100% on their side.
The good news? Your divorce doesn’t have to be expensive or contentious. With the right approach and a Mesa divorce attorney, you can achieve a fair, respectful outcome that allows both parties to move forward.
At Nye Family Law, we’re here to help you explore your options, answer your questions, and ensure the legal side of your divorce is handled correctly. Contact us today to schedule a consultation and find out how we can help you navigate the next chapter of your life with clarity and confidence.
Let us be your guide through divorce. As your trusted Mesa family lawyer, we’ll help you make smart decisions—no matter how simple or complex your case may be.
