Can My Spouse and I Use the Same Lawyer?
In Texas, spouses generally cannot use the same lawyer in a family law case due to a conflict of interest. A lawyer owes a duty of loyalty and confidentiality to their client. Of course, that makes representing both sides ethically highly problematic. Even in amicable divorces, each spouse may have different goals or legal concerns. Here is an overview of the key things to know about using the same Texas family law attorney as your spouse.
You Cannot Use the Same Lawyer if You are in an Adversarial Family Law Case
If you are going through a family law dispute in Texas, you cannot share a lawyer with your spouse, co-parent, or other parent if you are in any type of adversarial conflict. That is true even if you and your spouse/partner are on very good terms and are ready to agree to a settlement. Here is an overview of key things to know about sharing a lawyer in Texas and why you cannot do so:
- Divorce If spouses disagree about property division, spousal support, or other key terms, the attorney cannot ethically represent both sides. Even in amicable divorces, once a dispute arises, shared representation is no longer allowed. Each spouse must retain separate legal counsel to protect their individual rights and interests.
- Child Custody Disputes over conservatorship, visitation, or decision-making authority make joint representation impossible. A lawyer cannot advocate for both parents when their positions conflict about what is in the child’s best interest. Each parent should have independent counsel to present their case and protect parental rights.
- Child Support: If one parent seeks support and the other contests the amount or obligation, dual representation is a conflict. The attorney cannot negotiate or litigate on behalf of both the paying and receiving parties. Separate representation ensures that financial interests and legal standards are fairly addressed.
You Can Share a Lawyer for Some Family Law Matters (Adoption)
While you usually cannot share a lawyer in Texas for a family law case, there is a limited exception for non-adversarial matters. In limited, non-adversarial family law matters, it may be possible for both parties to use the same attorney. One of the most notable examples is a stepparent or relative adoption where all parties are in agreement. In these situations, the attorney represents the petitioner and prepares the necessary legal documents. The consenting party simply signs waivers or affidavits. Because there is no legal dispute or conflict of interest, dual representation may not violate ethical rules. However, if any disagreement arises during the process, the attorney must withdraw from representing both parties.
The Bottom Line: When you hire a lawyer in Texas, you need counsel that will represent your best interests without any conflict of interest.
Contact Our Pearland Family Lawyer Today
At John Powell III, P.C., our Pearland family attorney is a strong, experienced advocate for clients. We solve problems for people and families. If you have any questions about a family law case, please do not hesitate to contact us today. With an office in Pearland, we handle family and divorce cases throughout the region, including in Brazoria County.