Understanding the rule
It is not possible to have just one lawyer, whether in the case of an amicable divorce or a contentious divorce.
It is possible to have just one lawyer in an amicable court procedure, but under certain conditions (absence of conflict of interest, divorce not forced), it is advisable to have two lawyers to avoid any difficulties.
The difference between amicable and contentious divorce
| Criteria | Amicable divorceWithout a judge | Contentious divorce (separate lawyers) |
|---|---|---|
| Agreement between spouses | Total | Partial or non-existent |
| Possible joint counsel | No | No |
| Judge’s intervention | No | Yes |
| Average duration | 2 to 4 months | 12 to 18 months |
| Risk of conflict of interest | Low | High |
Risks and conflicts of interest
A joint lawyer cannot defend one spouse to the detriment of the other. If a disagreement arises, the lawyer must withdraw and the spouses must each appoint their own counsel.
The main risks are :
- Insufficient perception of impartiality,
- An error in the distribution of assets,
- An imbalance in the wording of the agreement, liable to be challenged at a later date.
When not to share the same lawyer
The use of a common lawyer is not recommended:
- In the event of disagreement over the division of property or custody of children,
- When one spouse is under financial or psychological pressure,
- If one of the spouses has information or a significant economic advantage.
Possible alternatives
Each spouse with his or her lawyer
In a contentious divorce, each spouse must be represented by a separate lawyer. This solution guarantees the protection of individual rights and the possibility of presenting their own arguments before the family court judge.
Family mediation
Before considering legal proceedings, the spouses can resort to family mediation. With the help of a neutral mediator, this process enables the spouses to find common ground before initiating divorce proceedings.
Neutral” lawyer for certain stages
Some couples consult a lawyer beforehand to understand the procedure or obtain a neutral opinion. The lawyer does not represent either spouse individually, but provides general legal information before the divorce is initiated.
The lawyer’s role in this context
Impartial advice and legal certainty
Whether the lawyer is joint or separate, his or her role is to ensure the legal certainty of the agreement and that the divorce complies with the law.
In an amicable divorce, the lawyer ensures that each spouse gives free and informed consent.
Document management and communication between spouses
The lawyer prepares all the documents: divorce agreement, annexes, liquidation statement, documents relating to the children. He facilitates communication between the spouses and ensures that commitments are clear.
Preparing and filing court documents
Since the 2017 reform, the agreement signed by the spouses and their lawyers is registered by a notary. On the other hand, in the event of disagreement or contentious proceedings, the case is referred to the judicial court, where each spouse must be represented.
Why choose our Toulon office?
Expertise in divorce and complex situations
Cabinet Lacombe & Brisou, in Toulon, has many years’ experience in family and divorce law, in both amicable and contentious proceedings.
Impartial and strategic support
Our attorneys provide you with transparent, objective advice, whether you are considering a joint attorney or a separate procedure. We take care to safeguard your interests while maintaining a constructive dialogue.
Knowledge of local courts and procedures
Our firm masters the practices of the Toulon judicial court and the JAF, guaranteeing a pragmatic and secure approach to your case.
Contact our firm in Toulon to secure your divorce, even if you are considering a joint attorney.
FAQ – Can we use the same lawyer for a divorce?
Can we really share the same lawyer for a divorce?
Yes, only in an amicable divorce by mutual consent when the spouses are in complete agreement on all points.
Is this legal for an amicable divorce? And for a contentious divorce?
Yes for an amicable divorce without a judge, no for a contentious divorce, where each party must be represented by a separate lawyer.
What are the risks of conflicts of interest?
A common lawyer cannot favor one spouse. In the event of disagreement, he must withdraw to avoid any conflict of interest.
What are the advantages of hiring a common lawyer?
A faster procedure, shared costs and a calmer approach, subject to full agreement between the spouses.
What if the other spouse refuses to share the lawyer?
In this case, each spouse will have to appoint his or her own lawyer to ensure the fairness and regularity of the proceedings.
Cabinet Lacombe & Brisou – Avocats à Toulon
Specialists in amicable and contentious divorce
Contact us for personalized, confidential advice.
