Q: I have a close friend and SAHM whose husband wants a divorce. He wants to hire one lawyer for both of them.
He controls everything. She has no access to the family computer, money or to any financial accounts. She doesn't work and would need alimony. I think he wants to have a lawyer for only certain parts of the divorce. Should my friend agree to this?
A: It seems clear you don't believe it's a good idea, and it probably isn't. Even if everyone agrees to it initially, it can be quickly ended once there's a conflict. If the attorney sees a problem, she would be obligated to withdraw. Hopefully she understands this and is of good character (or even so-so character.)
A: I have a feeling most reputable attorneys are going to recognize this as a nonstarter.
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A:
Your friend should not agree to having one lawyer represent both of them in the divorce. Even if her husband suggests that this is a way to save money or simplify the process, the lawyer would be obligated to prioritize his interests, leaving her vulnerable.
Since she doesn't have access to finances or other resources, it's crucial that she has someone advocating for her needs, including alimony, child support, or any other financial matters. Divorce can be complicated, especially when one party controls the money and information, so it's important she gets the support necessary to protect her rights.
Encourage her to consult her own lawyer who can guide her through the process and help her understand her options. She deserves to have her interests protected, and this is the best way to ensure fairness.
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