QUESTION
Is it a conflict of interest to have the same divorce lawyer?
Asked on Jul 18th, 2013 on Divorce - Alabama
More details to this question:
My wife and I separated 4 months ago and she started a new relationship weeks after moving out, we are finally trying to get a dissolution and I told my wife she could find the Attorney. She finally finds one and tells me she called around and this Attorney was the first to call her back, we agree on almost everything with a few exceptions. Then I find out her new live in boyfriend is going through a divorce and has the same Attorney and I honestly feel she is being coached or persuaded to demand the $450.00 child support payment that she honestly knows I cannot afford. I feel it is a conflict of interest that they have the same lawyer for the same thing (divorce). Thank you.
8 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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This does not appear to be a conflict of interest on the part of the attorney representing your wife and her boy friend.
Answered on Jul 19th, 2013 at 10:38 AM
I see no conflict of interest.
Answered on Jul 19th, 2013 at 2:42 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In South Carolina, there are certainly some issues here. I do not think it is a conflict for that same lawyer to represent each of those persons in a divorce. However, in South Carolina, child support (with certain exceptions made only on a case by case basis) child support is usually calculated pursuant to and ordered by the Court pursuant to the South Carolina DSS Child Support Guidelines. Now, a lawyer cannot represent your wife and you in a divorce in South Carolina. In addition, if your wife is openly living with a boyfriend prior to a final decree of divorce and/or a decree of separate support and maintenance having been issued to the two of you by the Court, then she may be found by the Court to have been committing adultery which the Court could certainly weigh against her in a distribution of property between the two of you. You should consult a local attorney in person as soon as possible in regards to this matter. I do hereby clearly advise against any reliance on this information as advice or application of it to a specific situation without a more thorough consultation with counsel.
Answered on Jul 18th, 2013 at 3:30 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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The conflict is one attorney representing both of you not your wife's attorney representing her and her boyfriend. You should have an attorney review the paperwork just to make sure that you are protected.
Answered on Jul 18th, 2013 at 3:30 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It is not a conflict of interest for the attorney (even if it puts you at a disadvantage) Further, in Michigan child support is calculated with a "child support prognosticator" and the amount you pay depends upon the # of overnights and the incomes of the parties and the number of kids. Ask the attorney for a printout from Michigan's child support prognosticator (or the Friend of the Court may be able to give you a printout if you have the information) so that you have that knowledge of what you are legally required to pay. This will determine what Michigan law says so you have information to counter her demands As a caution though the prognosticator many times calculate amounts many parents feel is too high and that they cannot afford so be cautious because it might calculate that you owe more than the $450 she is demanding.
Answered on Jul 18th, 2013 at 3:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, it is not a conflict of interest.
Answered on Jul 18th, 2013 at 12:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There is no conflict of interest defined, you need a lawyer, your own lawyer!
Answered on Jul 18th, 2013 at 12:24 PM
It could be a conflict if you or the boyfriend's wife end us contesting your divorces. You need to contact a local family law attorney to assist you and make sure you are getting the best advice and settlement terms possible for your situation.
Answered on Jul 18th, 2013 at 12:24 PM