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Can one
lawyer represent both spouses in our divorce?
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No. It is neither practical nor ethical for a lawyer to
represent both the husband and the wife in their divorce (or, for that
matter, in any other kind of domestic relations action between them). This
is because a divorce automatically pits two people’s rights against each
other – even if those two people agree on everything. That is because both
parties are entitled to independent advice about his or her rights, duties,
and obligations, and a lawyer is obligated to inform a client about the
pluses-and-minuses of any proposed agreements to resolve a case. Because
that may involve telling the client he or she is entitled to obtain more
than agreed, the possibility exists that they lawyer would then give advice
that would not be favorable to the other person.
Although one lawyer cannot represent both parties to a domestic
relations action, one lawyer can represent one of the parties to draft agreements
and finalize the acceptance of those agreements by the court. However, we
will not be able to advise your spouse of the legal meaning of those
documents. If your spouse has any questions, he or she should consult
another lawyer.
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Asked Questions”
RONALD W. NELSON PA is a Kansas law firm focusing its practice on
handling complex marital and non-marital domestic relations disputes,
including separation and divorce, determination of parentage and associated
issues (child custody, parenting time, spousal and child support) as well as
the representation of parents in international and interstate child abduction
and jurisdictional disputes. Trained in Collaborative Family law, the
attorneys at Ronald W. Nelson PA are Fellows of the American Academy of
Matrimonial Lawyers and the International Academy of Matrimonial Lawyers.
Licensed to practice law only in
the State of Kansas
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