Can One Lawyer Handle a Divorce for Both Spouses?

 Posted on December 20, 2025 in Divorce

The CDC estimates that over 650,000 divorces happen every year. By some estimates, around 90 percent of those divorces are uncontested, meaning spouses are able to agree on everything before they file for divorce.

If you have recently made the decision to get a divorce, you probably have many questions. How much will divorce in Illinois cost? How long does it take to get divorced? What can I expect from my divorce? All of these questions are a normal part of figuring out the divorce process.

Many people facing divorce also ask themselves whether they really need a lawyer, especially if they want to file for an uncontested divorce. They worry that hiring an attorney will send the wrong message, or increase tension between them and their ex. Can’t you just hire the same attorney to represent both of you in your Illinois divorce?

The short answer is no. Ethical rules for attorneys in Illinois are strictly enforced to protect clients in divorce proceedings. If you want an amicable divorce in 2026, contact our Kane County divorce attorneys. We can help you pursue the fastest, most amicable divorce possible for you.

Why Can’t We Have the Same Lawyer in Our Divorce?

At its most basic, marriage is a contract between you and your spouse. Your divorce is a legal proceeding to dissolve this marriage contract under the Illinois Marriage and Dissolution of Marriage Act. Technically, this means that you and your spouse are opposing parties in the case, regardless of how well you get along.

One lawyer cannot ethically represent both spouses in an Illinois divorce, even if the divorce is uncontested. The Illinois Rules of Professional Conduct Rule 1.7 is part of the rules that govern attorney ethics in Illinois. This rule says that a lawyer may not represent a client if the representation involves a conflict of interest.

An attorney is presumed to have a conflict of interest if representing one client would be directly adverse to another client. As far as the law is concerned, this is exactly what would happen in your divorce. The rule exists to protect both parties and ensure that each spouse gets independent legal advice about their rights and responsibilities.

Can We Share a Divorce Attorney if We Already Agree on Everything in Our Divorce?

It is common for a divorcing couple to do most of the negotiating before they file or even speak to an attorney. If this describes your situation, you might not feel like your interests conflict with those of your spouse. However, a single lawyer can still only represent one party in a divorce under Illinois law.

One possible way around this ethical restriction is to have one spouse hire an attorney to review the settlement agreement and to handle all of the paperwork. The other spouse will officially go into the divorce pro se, which means on his or her own with no attorney. But if something unexpected were to happen, the party with no attorney can easily end up at a serious disadvantage.

The attorney representing one spouse has a duty of loyalty solely to that client and cannot provide legal advice to the unrepresented spouse. This means the unrepresented spouse will not receive guidance about whether the agreement is fair or whether they are giving up important rights.

What Issues Do Divorcing Spouses Need to Figure Out?

Divorcing spouses need to address several important issues when they end their marriage. Without a lawyer, a spouse may not fully understand the legal implications of the divorce settlement, including tax consequences or long-term financial impacts.

Key issues that must be resolved include:

• Determining what assets are non-marital and what assets are part of the marital estate

• Valuing and dividing marital property

• Creating a parenting plan that describes how parents will make major decisions about their child

• Creating a parenting time schedule

• Negotiating spousal maintenance (alimony), if applicable

Does Hiring a Divorce Lawyer Mean My Spouse and I Will Fight More in Our Divorce?

Contrary to popular belief, hiring a lawyer does not automatically increase fights between spouses. Most modern divorce lawyers understand that spouses want to resolve their divorce with as little difficulty and conflict as possible. An experienced attorney will know how to give you the guidance and support you need while encouraging cooperation.

Many divorcing spouses have conflicting opinions about who should have the majority of parenting time, who should keep the marital home, or how much spousal support will be paid. Your lawyer can help you reach a compromise without needing to go to court. An experienced divorce lawyer will have a deep understanding of Illinois divorce law and may have ideas and suggestions you have not thought of.

What Could Go Wrong if I Don’t Hire a Divorce Lawyer? 

Even if you and your spouse are on excellent terms and you agree to all aspects of your divorce, you each should consider having a lawyer. The dangers of making a serious mistake along the way far outweigh the cost of hiring a second attorney. This is especially true if you and your spouse have children together.

An attorney can see issues you may not have considered and make sure your marital settlement agreement is written to be enforceable. In addition to helping you and your spouse negotiate an out-of-court agreement, your lawyer also protects your rights. You may be giving up property or alimony rights without realizing it. This can impact your future in a major way.

If your spouse is pressuring you not to hire a lawyer, this could be a big red flag that you really do need one. At the very least, talk to an attorney and see what your options are. You may be very glad that you did.

Contact a Kane County Divorce Lawyer

For more information about the divorce process in Illinois, contact an experienced St. Charles family law attorney. Call Goostree Law Group at 630-584-4800 to schedule a free consultation with a member of our team today.