My wife has hired a divorce lawyer and wants me to come with her to the initial consultation, I believe in case we want the lawyer to represent both of us to save money.
Is it a good idea to accompany her to an initial consultation with a divorce lawyer? Can we share the same divorce attorney?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
A men’s divorce attorney cannot represent both parties to a divorce as this would create a conflict for the attorney. The attorney is hired to represent and advocate for one party and attempt to further what is in the best interest of that party.
Therefore, they cannot act in this role for both parties, as something that is in the best interest of one party may not be in the best interest of the other party.
The lawyer may not allow you to sit in on the consultation if you attend because anything said in your presence would not be protected by attorney-client privilege. This privilege is your wife’s to waive so she may be able to request that you be present.
A divorce attorney may agree to represent your wife and communicate with you for settlement discussions and draft an agreement for you each to sign and file with the court. However, the attorney cannot give you legal advice.
Some parties are able to remain agreeable throughout the divorce process, though, even if you are agreeable, you may wish to have your own counsel advising you of the potential consequences of the terms you wish to agree to.
There can be unforeseen consequences or potential negative consequences which you should be made aware of prior to entering an agreement, and your wife’s attorney will not be able to give you legal advice.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.