Though many divorce proceedings can be contentious, it’s not uncommon for married parties to terminate their relationship amicably. Because a divorce proceeding can be costly, there may be a desire minimize expenses by hiring a single attorney to handle all the details. In New Jersey, that is not permissible.
Under the ethical rules in New Jersey, it is considered an inherent conflict of interest for an attorney to represent both sides in a divorce proceeding. Even where parties appear to be in agreement, there’s a concern that one party might unduly influence the other or engage in misrepresentation. Furthermore, it’s often the case that what is in the best interests of one party is not in the best interests of the other party. For example, when establishing child support, the custodial parent has a vested interest in receiving more support, whereas the non-custodial parent may seek to minimize payments. An attorney representing both sides simultaneously cannot properly advocate for both parties.
In some cases, though, an attorney may draft a divorce settlement that affects both parties. If the parties go to a mediator or work out an agreement on their own, then one of them may take the terms of that agreement to a single attorney to draft the document. Typically, the attorney will send the draft agreement to the other spouse, advising that they have it reviewed by separate legal counsel. If the other party fails to respond or indicates no objection to the terms of the agreement, the attorney typically notes that fact in the agreement. The agreement is then submitted to the court and becomes the basis for a divorce decree.
Contact an Experienced New Jersey Family Law Attorney
At the law office of David M. Lipshutz, we won’t take your case unless we know we can help. For a private meeting, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9:00 A.M. and 5:00 P.M
If you’re involved in a New Jersey divorce and there are minor children in the home, or a child is expected, your 
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If your marriage isn’t working, and there’s little prospect for putting things back together, you might consider filing for divorce. But what about getting an annulment? What is an annulment? How does it differ from a divorce? What are the legal requirements for getting an annulment? 
In New Jersey divorce proceedings, the legal principle of equitable distribution applies to the division of marital debts and assets. Equitable distribution mandates that property accumulated during the marriage be “fairly” allocated upon its dissolution, but that does not mean the property must be divided equally. Assets subject to equitable distribution include real and personal property, financial accounts and investments, retirement assets, and business interests.
Alimony is still ordered in New Jersey 
If you’re experiencing difficulties in your marriage, but you’re not certain that 
Often, divorce proceedings involve no real animosity; the parties recognize that their marriage isn’t working and that they’ve just grown apart. Maybe there are children or even a substantial marital estate involved, but both sides are able to amicably agree on custody and visitation, as well as the equitable distribution of assets and debts. As harmonious as such a divorce may be, a written 