Can an attorney represent both spouses in a divorce case?

Full question:

If I spoke with an attorney and explained that my son in the Military wanted a divorce and after talking to her intake person we did not utilize this attorney but the respondent did as her father does plumbing work for said attorney and she entered her appearance? Is this legal as the Petitioner's mother has already discussed case and monies. Can she be disqualified?

  • Category: Courts
  • Subcategory: Attorneys
  • Date:
  • State: New Mexico

Answer:

Generally, it is against ethical codes for an attorney to represent both spouses in a divorce. However, a consultation with the opposing spouse is typically allowed and does not automatically disqualify the attorney from representing one party. The fact that the respondent's father works in plumbing for the attorney does not, in itself, create a conflict of interest unless there are specific circumstances that could compromise the attorney's ability to represent their client fairly.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A power of attorney (POA) for a military family allows one spouse to make legal decisions on behalf of the other, especially during deployments or extended absences. This can include managing finances, handling real estate transactions, or making medical decisions. The military often provides specific forms for POA to ensure they meet legal requirements and are recognized by institutions. It's important for military families to have a POA in place to ensure that necessary decisions can be made without delay. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*