An Attorney May Represent Both Parties in a Divorce Case

An attorney is allowed to represent both a husband and a wife in a marriage divorce proceeding under certain circumstances. Each spouse needs to consent to a dual representation after being fully informed and understand the effects this situation can create. An attorney who attempts to take on a case representing both parties must make a full disclosure to both parties of all facts and circumstances necessary for each party to make a fully informed decision regarding the divorce process, including the areas of potential conflict and the possibility and desirability of seeking independent legal advice.

In the case of Klemm v. Superior Court of Fresno County, an attorney represented both a husband and wife who had separated after six years of marriage, had no community property or substantial personal property. Both parties waived spousal support, had an oral agreement as to the custody of their minor children, and the wife had waived child support.

The court found that any conflict of interest the attorney had was merely potential, and not actual, since there was no existing dispute or contest between the parties at any point during the divorce process. Thus, a court allowed the attorney to represent both parties in the divorce action.

The Law Offices of Michael S. Carrillo can help you and your spouse if you two are seeking an amicable divorce. For one low fee, The Law Offices of Michael S. Carrillo can represent the both of you so that you don’t have to pay the high costs for your own separate lawyers. Give us a call today for a free consultation so that we can discuss your case. We can immediately begin the case started so that both you and your ex-spouse can enjoy your own separate lives without having to be tied down by the court process and finding your own separate lawyers. Call us now at (626) 799-9375 or send an email to mike@mikecarrillo.com.