Many times potential clients will ask if both spouses can be represented by the same attorney for their divorce. The answer is no. In Wisconsin, a lawyer’s ethical obligations prohibit him or her from representing two parties in the same action who have adverse interests. Divorcing couples undoubtedly have adverse interests. Therefore, the same lawyer cannot advise both clients without violating his or her duty to one of them.
As an attorney, my duty to you, as my client, is to zealously advocate only your position, and ensure your interests. This is not possible if I also had a duty to work as hard as possible for your spouse’s interests as well.
I recently represented a client in a divorce case and the parties basically agreed on everything. In situations like this, I will represent one spouse and work with the other spouse to get all necessary documents written and signed, keeping my client’s best interests in mind. This way, I maintain my ethical obligations and my client receives sound advice and unbiased representation.
No two divorces are the same and it is best to consult with a divorce attorney, regardless of whether you believe you and your spouse agree on all issues. There are adequate means of handling amicable divorces that do not result in conflict of interests and unsatisfied spouses. I am happy to speak with you if you are searching for divorce representation tailored to fit your needs.