For couples pursuing an uncontested divorce in Asheville, the process may seem cooperative enough to ask a simple question: “Can we just use the same divorce attorney?” While the idea is attractive—less cost, less conflict, and less hassle—it raises serious questions under North Carolina legal ethics rules. The short answer is: generally no, but there are narrow exceptions where a limited role may be ethically permissible.
Understanding whether both spouses can work with the same Asheville divorce lawyer requires a deep dive into the ethics of joint representation, conflict of interest concerns, and the structure of uncontested divorce proceedings in North Carolina. This blog will walk through each of these topics in detail, equipping you with a clear understanding of what is—and is not—allowed.
What Is an Uncontested Divorce in North Carolina?
Before examining the attorney representation issue, it’s important to understand what makes a divorce “uncontested.” In North Carolina, an uncontested divorce occurs when:
- The parties have lived separate and apart for at least 12 consecutive months
- One spouse has lived in North Carolina for at least six months before filing
- Neither spouse contests the divorce itself
In an uncontested filing, the parties may already have a written separation agreement or may wish to create one. It might address property division, spousal support, child custody, and child support. Alternatively, some couples choose to divorce without addressing any ancillary matters in court.
While the legal process may be simple in such cases, that does not erase the ethical obligations placed on attorneys under the North Carolina Rules of Professional Conduct.
Understanding the Role of an Asheville Divorce Lawyer
An Asheville divorce lawyer represents the legal interests of a single party. This involves advising the client on their legal rights and obligations, drafting documents, identifying potential risks, negotiating on their behalf, and ensuring that they do not unknowingly give up critical rights.
The adversarial nature of divorce—even when uncontested—creates inherent risks when an attorney tries to represent both spouses. Ethical rules recognize that even in seemingly amicable situations, spouses often have differing interests that may only become apparent after counsel is provided.
What Are Conflicts of Interest?
North Carolina Rule of Professional Conduct 1.7 governs conflicts of interest between current clients. A conflict exists if:
- The representation of one client will be directly adverse to another client
- There is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client
In divorce, this is especially relevant. Even when spouses agree on everything, an Asheville divorce lawyer cannot advise one spouse on what is in their best interest without potentially compromising the interests of the other. That is the core of the conflict.
Why Joint Representation in Divorce Is Problematic
Some clients believe that if they agree on everything, there’s no need for separate legal counsel. But legal ethics doesn’t stop at agreement. It also protects the integrity of the legal process and ensures that each party understands their rights independently.
Key risks of joint representation include:
- Unequal Bargaining Power: One spouse may have more financial knowledge or control, skewing the agreement.
- Unforeseen Disputes: What seems agreed upon may later result in misunderstandings.
- Inability to Provide Confidential Advice: An attorney cannot keep secrets between jointly represented clients.
- Allegations of Favoritism: One party may later claim the lawyer was “on the other’s side.”
In North Carolina, divorce is not just about ending a marriage—it may also involve legal decisions with long-term consequences. Because of this, most Asheville divorce lawyers will not and cannot ethically represent both spouses in a divorce, even if uncontested.
What Can Be Done Instead?
While dual representation is off the table, there are ethically acceptable alternatives that still provide efficiency and affordability:
1. Represent One Spouse Only
This is the most common and ethically sound approach. One party hires an Asheville divorce lawyer, and the attorney prepares the divorce complaint and any agreements.
The other spouse can:
- Review the documents on their own
- Choose to sign without legal representation
- Hire a separate attorney for independent advice
This setup allows the lawyer to fully advocate for the filing spouse while still allowing the other party to cooperate.
2. Drafting with Disclosure
Some lawyers offer “document preparation” services or “mediated agreement drafting.” In this scenario, the attorney represents only one party but drafts a separation agreement based on mutual understanding. The lawyer discloses in writing that they only represent one spouse and recommend the other spouse seek independent counsel.
This avoids unauthorized practice of law and upholds the duty to avoid conflicts.
3. Mediation with Independent Counsel
In mediation, a neutral third-party mediator helps both spouses reach an agreement. The mediator does not represent either spouse and cannot give legal advice. After reaching consensus, each spouse should retain their own Asheville divorce lawyer to review and finalize the agreement.
This setup preserves neutrality while protecting both parties’ legal interests.
What About Online Divorce Services or Templates?
Online divorce platforms often advertise “joint filing” services where couples can allegedly complete a divorce without any attorneys. While such services may be inexpensive, they come with significant legal risks:
- They often do not comply with North Carolina-specific laws
- They provide no legal advice
- They do not explain your legal rights or obligations
- They may include unenforceable or invalid provisions
In contrast, working with a qualified Asheville divorce lawyer ensures your rights are protected and the process is done correctly.
Legal Ethics Opinions on Joint Representation in Divorce
The North Carolina State Bar has issued ethics opinions reinforcing the concerns around dual representation in divorce. While no rule outright bans it in all circumstances, the risk of a prohibited conflict of interest is so high that lawyers are strongly discouraged from attempting joint representation, even in amicable situations.
Moreover, if any dispute arises during the process, the attorney must withdraw from representing both parties, leaving each spouse to find new counsel—a disruption that can complicate an otherwise smooth divorce.
Limited Representation in Uncontested Divorce
In some cases, limited representation may be ethically permissible. North Carolina allows lawyers to provide “unbundled” legal services—discrete tasks like document preparation, reviewing agreements, or coaching clients for self-representation.
However, even limited representation must be provided to only one spouse. An Asheville divorce lawyer cannot provide limited services to both parties in the same matter.
The scope of representation must be clearly defined in a written agreement, and the client must understand the limitations of the attorney’s role.
How Asheville Courts Handle Uncontested Filings
In uncontested divorces, the court does not require both parties to have lawyers. Only the filing party must appear or submit a motion for summary judgment.
If both spouses sign a separation agreement and waive certain procedural requirements (like service or hearing), the court may approve the agreement and enter the divorce judgment based on the filings alone.
That said, judges expect to see clear, fair, and valid agreements. Poorly drafted or one-sided agreements may trigger questions from the court—even in uncontested cases.
An experienced Asheville divorce lawyer ensures that the paperwork meets all legal standards, minimizing delays and avoiding judicial scrutiny.
What to Expect if Only One Spouse Has an Attorney
If your spouse has hired an attorney and you have not, it’s important to know what the lawyer can and cannot do:
- The attorney cannot advise you, even if you agree on everything
- You may be asked to sign a statement acknowledging the attorney does not represent you
- You are entitled to review all documents before signing
- You may choose to hire your own lawyer or waive your right to counsel
If the attorney represents your spouse, they must act in your spouse’s best interests—not yours. Do not assume neutrality or joint advocacy.
Red Flags to Watch Out for in Shared Attorney Requests
- “We just need someone to write it up for both of us.”
This is an attempt to have one lawyer act as a neutral, which is ethically risky. - “Can’t you just explain this to both of us?”
No. The attorney may only advise their own client. - “We’re saving money by using one lawyer.”
It may cost less now, but unresolved issues can lead to costly litigation later. - “We agree on everything—what’s the harm?”
Agreements can still be lopsided or uninformed. Each party has the right to independent legal advice.
Alternatives for Affordability and Simplicity
If your goal is to keep the divorce affordable and amicable, consider these alternatives:
- One party retains an Asheville divorce lawyer for flat-fee uncontested divorce services
- Use a trained mediator to facilitate agreement and then have lawyers review the draft
- Hire two lawyers who collaborate on settlement but maintain separate representation
- Consider limited scope representation to handle only paperwork or court filings
These strategies offer ethical, efficient solutions without sacrificing legal protections.
Final Thoughts
In North Carolina, and particularly in Asheville, it is rarely appropriate—or ethical—for one divorce lawyer to represent both spouses in any type of divorce, even when it’s uncontested. The potential for conflict is too high, and the rules governing legal ethics are designed to prevent that.
Couples who are cooperative and want a streamlined process can still achieve that by using one lawyer to represent one spouse, or by working with mediators and lawyers collaboratively. But true joint representation should be avoided.
A qualified Asheville divorce lawyer can help you understand your rights, protect your interests, and ensure the divorce process complies with all legal and ethical standards.
FAQ
Can one lawyer represent both spouses in an uncontested divorce in Asheville?
No. It is a conflict of interest for one attorney to represent both spouses, even in an uncontested divorce.
Why can’t a lawyer just draft papers for both of us if we agree on everything?
Because the lawyer owes a duty of loyalty and confidentiality to only one client. Representing both parties violates conflict of interest rules.
Is it legal to use just one attorney?
Yes, but only one spouse may be the attorney’s client. The other spouse must be informed that the attorney does not represent them.
What if we agree on everything—can we use a mediator instead?
Yes. A mediator can facilitate the agreement, and each spouse can then retain their own lawyer to review it.
Can a lawyer prepare the agreement and we both just sign it?
Only if it’s clear the lawyer represents one party, and the other understands they have no representation and should seek legal advice before signing.
What is “unbundled” or “limited scope” representation?
It means the lawyer helps with a specific task—like drafting paperwork—but still only represents one party.
Is it unethical to try to share an attorney?
It’s not unethical for spouses to ask, but it is unethical for a lawyer to provide representation to both in most divorce cases.
Can we use an online divorce service to avoid lawyers?
You can, but you assume the risk of incomplete or unenforceable agreements. Court rejection of poorly prepared filings is common.
What if I don’t have money for my own attorney?
You may still proceed without one, but you should request additional time to review any documents and understand your rights before signing.
Does the court care if only one spouse has an attorney?
No. The court does not require both parties to have counsel, but expects the process to follow legal and ethical standards.
The McKinney Law Group: Simplifying Uncontested Divorce for Asheville Couples
When both parties are in agreement, divorce doesn’t have to be complicated. Our Asheville legal team helps you finalize the process quickly, correctly, and without unnecessary delays or conflict.
Contact us at 828-929-0642 or email [email protected] for trusted guidance.