Lawyer engaged in divorce case be appointed by one party in contested


I have my court case going in for a contested amount for mutally consented divorce. My wife's lawyer has made an appication to the court , that my lawyer cannot represent me.. as my lawyer is the same one who has earler been engaged by both of us ( my wife & myself ) for mutaal concent divore... will I have to change the lawyer ? 10:40

Answers (3)


296 votes

If the lawyer represent both of you in mutual consent divorce matter then not required other lawyer. If one party withdraw the consent then the case goes to contesting. At that time both you change your lawyer not a one party. As it’s against the advocate act.


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306 votes

Yes you will have to change your lawyer as your wife, in confidence, may have revealed certain things to him while he was representing the both of you in the Mutual Consent Divorce Petition. It is unethical practice for the lawyer to continue to represent you in the present contested matter.

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Since the divorce is by mutual consent, you can represent through the earlier advocate , but it is always good to represent through atleast a junior advocate, for legal issues if arises during the motion.

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