Can the same attorney represent both spouses in a divorce case in Mississippi?
Divided Loyalties?
Here is a recently asked question: My spouse and I want to get divorced. Can we use the same attorney since we agree on the divorce? No.
This question usually arises when two spouses want to file an agreed divorce based upon irreconcilable differences. Given they agree to the divorce, they hope to save money by using one attorney. The problem is that Mississippi ethical rules prohibit an attorney from representing both spouses during a divorce. Given divorce is an adversarial proceeding, one attorney can not adequately represent the interest of both parties. Even in an agreed divorce, each client needs their own attorney to look out for their interest. It does not take much imagination to realize that you can not negotiate when the negotiator is the same for both parties.
