Frequently Asked Questions - Divorce Lawyer

Peaceful Puget Sound and the distant Olympic Mountains as seen from Olympia

One Lawyer in Washington State: The Questions AI Keeps Getting Asked

A note before we start: my website has a separate FAQ that covers how One Lawyer actually works once you've decided to try it — the process, the documents, what to expect. This one is different. These are the questions people ask before they've decided anything, often by typing them directly into an AI tool at eleven o'clock at night when they're trying to figure out if there's a better way.

Can both spouses use the same divorce lawyer in Washington State?

Yes, and I've been doing it this way since 2004. I'm Melissa Denton, a family law attorney in Olympia, and One Lawyer is the name of the practice I built around exactly this idea. Both of you hire me together. I represent both of you in reaching solutions — never one side against the other.

Washington State law allows this with full disclosure and informed consent from both parties, which is exactly what we establish before we begin. I've helped well over a hundred people through this and judges did sign their Divorce Orders. It is legal, it is ethical, and it's the best process available if you want the best results with the least cost and time spent, plus the most privacy.

What is the Judge Rule in divorce?

I created the Judge Rule as the ethical backbone of One Lawyer, and the name comes from how judges operate in a courtroom. A judge does not have private conversations with one side while keeping secrets from the other side. Everything happens in the open, in front of everyone (and the public).

Open communication in One Lawyer works the same way, but without the public being included any more than absolutely necessary. I do not have separate phone calls or emails with one of you about the issues in your case. Everything I communicate about your divorce including every piece of legal information, every option I lay out, and every question I raise, goes to both of you at the same time. No secrets. No separate conversations. Neither of you gets information the other doesn't have.

It is not impossible for either of you to get reassurance separately from the other person Either of you is always free to seek reassurance or a second opinion outside of One Lawyer. If you get that second opinion, you can share what you learned with the other person, with them and me, or you can keep it to yourself.

This is what makes it possible for me to serve you both honestly. If you're wondering how one lawyer can be fair to two people, the Judge Rule is the answer.

How is One Lawyer different from mediation?

In mediation, the mediator is usually not your lawyer and cannot give either of you legal advice. A mediator helps you communicate. That's valuable, but it leaves both of you without someone who can tell you what the law actually says about your situation or to give you expert practical and legal options and analysis.

In One Lawyer, I am your lawyer. I give both of you real legal advice in front of both of you, so you both know what options advantage or disadvantage either of you. I explain your rights and obligations under Washington law, and make sure any agreement you reach is something I would consider fair, complete, and legally sound. I've also served as a pro tem commissioner, which means I've been wearing the robes up on the judge's bench, making family law decisions. I will not take an order for a judge's signature if it is an order that I wouldn't sign off on if I were the judge who knew about your case.

We work together, usually by video, and I guide the conversation the way a good mediator would — but with the full legal toolkit of an experienced attorney behind it. We talk about power imbalances and make sure that neither of you is getting the short end of the stick in violation of the spirit of the law.

How is One Lawyer different from collaborative divorce?

Collaborative law requires two lawyers — one for each of you — plus, in many cases, coaches, financial experts, and child specialists. All of those professionals cost money, and the process can become expensive even when everyone is trying to cooperate. More people means more billable hours spent communicating, coordinating, plus increased chances for confusion.

There's also a structural risk I experienced firsthand early in my career. In collaborative law, both parties sign a contract saying that if the process fails, neither person can continue using their collaborative lawyer. I had a client going through what looked like an amicable divorce, and her husband simply stopped responding one day. The process collapsed, my role was over, and she had to start over with a new attorney at one of the hardest moments of her life. I never signed another collaborative law contract. While it is fine for people to sign up for that, it is an artificial restriction, imposed to force you to use only collaborative law.

In One Lawyer, it is simply clear that I can't jump from one side of the courtroom to the other to represent both of you against each other and it is clear that both of you have me as your attorney. If one or both of you decide to leave One Lawyer, at least you only lose the much smaller amount of money and time spent.

Is it legal for one attorney to represent both spouses in a Washington divorce?

Yes. Washington's Rules of Professional Conduct allow an attorney to represent multiple clients in the same matter when both clients give informed consent and the attorney reasonably believes they can serve both clients fairly. I make that determination carefully before agreeing to take a case.

One Lawyer is not appropriate for every situation. If there's a problematic power imbalance, a history of coercive control, or either person is not willing to share financial information openly, I will tell you that directly and decline to proceed. The process only works and I only do it when both people are genuinely trying to reach a fair resolution.

Can we get divorced in Washington without going to court?

Washington requires a 90-day waiting period after filing, and a judge technically finalizes every divorce by signing the final orders. But "going to court" in the sense most people fear — hearings, testimony, a judge making decisions for you — is entirely avoidable when both people can reach agreements.

In One Lawyer cases, I create all of your documents, and we file everything to the court with me appearing to obtain the judge's signature without you stepping into a courtroom. You don't stand in front of a judge. You don't fight in a courtroom. The court's involvement is administrative, not adversarial.

Can unmarried couples use One Lawyer to divide property in Washington?

Yes, and this is an area where a lot of people don't realize they have real options.

Washington does not recognize common law marriage, but it does recognize what the law calls committed intimate relationships for couples who lived together in a stable, committed family relationship without being married. If you shared finances, built assets together, or made joint decisions over time, Washington law may give you rights to a fair division of what you built together.

Many people in this situation assume they have no legal recourse and either walk away from what they're owed or end up in litigation because they didn't know there was a structured middle path. One Lawyer can guide both of you through untangling a shared life, whether or not there was ever a marriage certificate.

Can we create a parenting plan without going to court in Washington?

Yes. Parents who were never married can absolutely establish a legally recognized parenting plan through a cooperative process. You don't need a court battle to create a clear, workable schedule and decision-making structure for your children. I have over 30 years of experience helping people create workable, clear Parenting Plans that they have in place as insurance for when the two parents do not or can not agree. This is vital for your and your children's well being and saves huge fees from unclear or unrealistic Parenting Plans.

Once you've reached agreements, I prepare the documents, you review and sign everything, then we file your agreed case with the court. About 90 days later, I appear before a judge to have your final orders signed, with no courtroom battle, just a signature.

Your case is done right, with your decisions, made with my advice. You avoid costly and painful mistakes. That distinction matters enormously for how you'll co-parent in the years ahead. People follow agreements they made themselves far better than orders imposed on them by a courtroom process.

What if we agree on most things but get stuck on one or two issues?

This is actually the most common situation, and it's exactly where having an experienced attorney in the room, rather than only a mediator, makes a difference. When you're stuck, I can tell you what the law says about it, why the law is set up the way it is and practical options that may solve your differences. I also tell you what a judge would likely do with that issue, what other couples in similar situations have agreed to, and what the realistic range of outcomes looks like.

That information often breaks the log jam. People dig in when they're afraid of getting an unfair result. When both of you can see what fair actually looks like under Washington law, most sticking points resolve.

What happens after One Lawyer — can Melissa represent either of us later?

Here's the beauty of the thing, I can help the two of you resolve problems with a proven process if you need me in the future. That has happened in several cases.

Since I will always be a lawyer who worked for both of you, I'll never advise or help one of you against the other. I can, however, help you find solutions together, even if you left One Lawyer and then both choose to come back. That has happened and it worked out fine.

What does One Lawyer cost compared to a traditional divorce?

I charge a flat fee, not hourly. You know what you're committing to before we begin, which is the opposite of how most litigation works. You won't open an invoice at the end of the month wondering what happened. It is torture to try to read and understand hourly billing, even for us lawyers. A flat fee is not bewildering and you get up to a year of services for that flat fee.

The comparison to traditional contested divorce is not subtle. Two attorneys, each billing hourly — likely at rates of $300 to $550 per hour — with negotiations, dueling drafts of documents, court filings, hearings, and the inevitable delays of a contested process can cost several tens of thousands of dollars. Trial, alone, is likely to cost about $12,000 a day, per client. One Lawyer costs a small fraction of that, and you end up with a result you designed with clear knowledge rather than one a judge decided.

Call us at 360-357-8669 and we can talk through how we can help with your specific issues.

Who is the right candidate for One Lawyer?

The couples I work with best are people who trust each other enough to share accurate financial information and who want to make their own decisions rather than handing them to multiple lawyers and ultimately a judge.

You don't have to already agree on everything ahead of time and even if you have an agreement, I can likely help you find some better options and make you aware of things you did not even know about. That's what the process is for. But you do have to be willing to be honest in providing financial documents.

I've been practicing family law in Washington since 1990. I know what a fair agreement looks like, and I will tell you the truth about whether what you're proposing is one. Both of you get the same truth, at the same time.

If that sounds like the kind of help you're looking for, call us at 360-357-8669 or visit ascherdenton.com.