No, one attorney cannot represent both parties in a divorce case even if it is an ‘uncontested' divorce case. It would be unethical to do so because of the conflict of interest that arises in that situation. One attorney cannot look out for the best interests of both parties at the same time in a Georgia divorce case.
Even if the parties agree on everything in the divorce case and it is an uncontested or settled matter they are still opposing parties in a legal action which creates a conflict of interest for one attorney to represent both parties.
I always recommend that both parties hire their own attorney in a divorce case, whether it is a settled or contested divorce case. However, it is not uncommon to have a Plaintiff being represented by an attorney in an uncontested divorce in Gwinnett County and the Defendant not being represented by an attorney (often referred to as a ‘pro se' Defendant). In cases where there is only one party being represented by a lawyer that lawyer will usually not meet with the unrepresented spouse so as not to give the appearance that the attorney is advising or giving any legal advice to the unrepresented spouse.
An option for parties that are unrepresented in a divorce case and want to attempt to settle the divorce case is to have the parties hire a divorce mediator who is an experienced divorce attorney who will act as a ‘neutral' during the mediation session and who will give both parties legal information, but not legal advice in an effort to help facilitate a divorce settlement agreement between the parties that can be filed with the court.
Gwinnett County Divorce and Family Law Attorney Douglas W. Lewis has over twenty years of experience in Gwinnett County and the Atlanta Metro area handling divorce and family law cases. Douglas W. Lewis, Esq. is also a registered mediator in the State of Georgia in the areas of divorce, family law and civil litigation. If you have any questions or want to schedule an office consultation then please contact Doug Lewis at 770-682-3765 or via email.