Divorcing A Divorce Attorney?: Special Problems You Might Encounter And How To Work Around Them

22 February 2016
 Categories: Law, Blog


Divorce attorneys, like most people, get married. Some married divorce attorneys also get divorced. If you were married to a divorce attorney and now you are divorcing him or her, there may be some special problems or circumstances that will arise. Here is what to expect and how your own divorce attorney can help you work around them or through them.

Your Ex Has a Legal Advantage

Because your soon-to-be ex is already a divorce lawyer, he or she has a legal advantage. He/she has several years' experience and legal knowledge about divorce proceedings, and will undoubtedly represent him/herself. Without your own lawyer, you may be quite lost. Your own lawyer would not only represent your interests in your divorce, but can explain all of the various legal documents your ex has filed and what your options for legal counter-measures are.

You Cannot Hire Any Divorce Lawyer from the Same Firm as Your Ex

This is a particularly complicated legal issue. You may have several lawyer friends in your ex's office that side with you, but none of them can represent you. The first issue is that because your ex works there, the firm already has to back them as an employee, which means that it is a legal conflict of interest. The second issue is that, even if one of the lawyers from your ex's firm could represent you, your ex may argue that it creates a hostile work environment for him or her, or you could argue that you are being unfairly treated by this law firm. Regardless of the legal complexities, you will have to find another divorce attorney elsewhere to represent you. 

You Cannot Hire Anyone from Other Firms That Your Ex Is Friends With

If your family court judge chooses to appoint a guardian ad litem for any children you share with the ex, that guardian ad litem cannot be close friends with either of you. He or she must recuse him/herself of the appointment because he/she must remain as objective as possible when informing the courts as to how best to serve and support the children. Likewise, any lawyer you hire to represent you cannot be an old friend or love interest of your ex, even if he or she works at an entirely different law firm. Otherwise, your lawyer may not be perceived as one who will provide you with fair and equal treatment under the law. You will have to find someone to represent you that neither you nor your ex knows.

For more information, contact a professional like those at Garrett & Silvey Law Firm.