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Archive for November, 2019

Do Both Spouses Need A Divorce Lawyer?

When a couple decides to divorce, the first step often involves both spouses retaining separate lawyers. But do both spouses need a divorce lawyer? In Pennsylvania, the Rules of Professional Conduct say that an attorney shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if the representation of one client will be directly adverse to that of another client. In the family law context, this means that an attorney cannot represent both a husband and a wife or a mother and father at the same time in a divorce, support, or custody matter. This rule applies to premarital agreements as well; an attorney cannot represent both parties in drafting a premarital agreement because their interests are ultimately adverse to each other; one gets rights that the other gives up.

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