When spouses begin the process of divorce in Nevada, it’s natural to look for ways to simplify matters. Can one lawyer represent both parties in a divorce? This is one common question people ask. While it may seem like a cost-effective and efficient option, Nevada law sets clear ethical boundaries that make this approach problematic. Understanding the legal restrictions and what alternatives are available will help you make informed decisions and avoid setbacks during your divorce process.
Why a Single Lawyer Cannot Represent Both Sides
Even if both spouses agree on the terms of their separation, a lawyer cannot ethically represent both of them in a divorce. The main reason for this rule is the potential for conflicts of interest. In Nevada and most other states, lawyers are bound by strict professional conduct standards. These standards prevent attorneys from offering legal representation to opposing sides in the same legal matter, even when things are amicable at the start.
Each spouse may have different long-term goals and financial interests. While they may initially agree on property division or parenting time, disagreements often arise later. If one lawyer tried to represent both individuals, it would be impossible to provide unbiased legal advice tailored to each person’s situation.
At Leavitt Family Law Group, our attorneys focus on protecting each client’s rights and helping them make decisions with confidence. Representing both spouses in a divorce, even in a friendly one, would violate our duty of loyalty and create a risk of unfair outcomes. Instead, one lawyer may act as a neutral party to draft legal paperwork or explain general legal procedures. However, in this case, the lawyer must make it clear that they are not representing either spouse individually and cannot offer legal advice.
The Risks of Trying to Share Legal Counsel
Even when couples believe their divorce will remain amicable, shared legal representation introduces unnecessary risk. Here’s why:
Shifting Interests: A divorce often reveals disagreements as it progresses. What begins as a mutual understanding can turn into a dispute over assets, parenting time, or financial support.
Attorney Withdrawal: If conflicts emerge, a lawyer who attempted to represent both parties may be required to withdraw completely. This leaves both spouses without representation at a critical point.
Unclear Guidance: A single lawyer cannot advise both parties fairly. This limits the level of protection each person receives and increases the chance of overlooking important details.
The safest and most effective path is for each spouse to have their own attorney, especially when child custody, spousal support, or business ownership is involved.
Not Representing Both Parties? What Are the Alternatives? A Divorce Mediator?
Understanding that one lawyer cannot represent both spouses doesn’t mean you’re out of options. In fact, there are cooperative approaches that help keep things efficient, respectful, and cost-conscious. Two of the most common alternatives are:
Mediation
Mediation allows divorcing spouses to work with a neutral third-party facilitator, often called a divorce mediator. This person does not provide legal advice but helps both parties communicate productively and resolve issues such as property division, parenting time, and support agreements.
Mediation is ideal for couples who:
Agree on most divorce terms.
Want to avoid courtroom conflict.
Prefer a faster, more affordable process.
While the mediator cannot represent either side legally, both parties may still benefit from consulting independent lawyers during or after the sessions. This ensures any agreement reached is legally sound and protects each person’s rights.
Independent Legal Representation
Hiring separate attorneys allows each spouse to receive tailored advice based on their specific needs. Your lawyer’s role is to protect your legal position, identify risks, and make sure you understand the implications of any decisions you make. This approach is particularly important if:
There’s disagreement over child custody or visitation.
One spouse earns significantly more than the other.
Assets, debts, or retirement accounts are involved.
You need a legally enforceable agreement that will stand up in court.
Leavitt Family Law Group provides this kind of individual support. Our team helps you understand your rights, prepares the necessary legal documents, and advocates for you in negotiations or court when needed.
Benefits of Independent Legal Advice
There are several advantages to hiring your own divorce attorney:
Unbiased Guidance: Your attorney focuses solely on your interests, providing advice that fits your personal circumstances.
Protection in Complex Situations: If there are shared businesses, retirement accounts, or real estate involved, you’ll need legal help to divide them fairly.
Advocacy in Court: Should litigation be necessary, your attorney is already familiar with your case and can argue on your behalf.
Informed Decision-Making: Your lawyer can explain Nevada divorce laws and help you understand what’s reasonable to expect in terms of parenting time, spousal support, and division of marital property.
Most importantly, you’ll have peace of mind knowing that your rights are being protected throughout the entire divorce process.
What If You’re Still in Agreement? A Single Attorney?
Even if both parties remain on good terms, having independent legal counsel ensures that no one feels pressured or uncertain about the outcome. You can still keep things simple and respectful. In fact, when both spouses are informed and represented, the process often goes more smoothly because everyone understands their rights and obligations.
Making the Right Choice for Your Divorce
Divorce is a major life transition, and the decisions you make now will affect your financial future, your children, and your emotional well-being. While it may be tempting to simplify the process by using a single attorney, the law is clear: one lawyer cannot represent both parties in a divorce.
The team at Leavitt Family Law Group in Henderson is here to help you make the right decisions from the very beginning. Whether you need full legal representation, guidance on mediation, or just want to understand your options, we offer the support and clarity you need during this time.
Schedule Your Confidential Consultation with Our Attorneys
If you're considering divorce or have questions about how to move forward, reach out to Leavitt Family Law Group. Our experienced attorneys are ready to help you protect your rights and plan for the future. Contact us today to schedule a confidential consultation and get the personalized legal support you deserve.