Can Husband and Wife Use the Same Lawyer for Divorce
When a husband and wife are going through the process of filing divorce in Karachi, it can affect them both mentally and physically. They cannot win the battle of divorce while fighting alone; therefore, they need a family lawyer to help them navigate through this process. Typically, both husband and wife will separately hire the divorce lawyer of their choice and proceed with the legal separation case. They will pay and get the legal aid of the lawyers who they find the best fit for their case. However, there is always this question in the minds of people: what if both husband and wife want to hire the same lawyer for divorce? Will it be legally and morally correct? The answer to this question is no. Both husband and wife can not hire the same lawyer while they are going through the process of divorce, and the reasons are several that we have listed in our article.
Why Can’t a Divorcing Couple Use the Same Lawyer
It is not morally right:
Before the debate of whether this act is legally correct or not, we should consider its moral perspective. Hiring the same lawyer as your partner while filing for divorce is not morally right. You should not hire the same lawyer as your partner as they have already approached them first and you can always contact any other lawyer. However, if you were the first on to contact that lawyer, your partner would be at fault if they approached the same lawyer.
The lawyer would not agree:
If we say that this act is not right on behalf of the couple, then we must also state that if the lawyer agrees to work for both husband and wife, then it would not be professional and ethical. The lawyer must immediately refuse if the other partner approaches him for the case. Ina addition, those lawyers who know the code of conduct will never agree to such demands and will refrain from working with both partners in the same divorce case.
The court may not allow it:
Usually, the court will not allow the couple to have the same lawyer in case the couple is filling for divorce individually. However, if the divorce is the result of mutual consent, then the court will have no issue if you hire one lawyer instead of two separate ones.
It is practically not possible:
When you hire a lawyer for your divorce case, you want them to represent you in court and defend your stance. The opposite party’s lawyer will protect the stance of your opposition. Therefore, if you hire the same lawyer, it is not practically possible for the lawyer to defend the stance of both parties as he has to take sides and convince the court to give a verdict in favour of the client.
In conclusion, it is not legally, morally, and practically possible for both husband and wife to hire the same lawyer while going through the divorce, but if they are filing for a divorce with mutual consent only, then they can hire the same lawyer.