Legal Question in Family Law in Indiana
My husband and I met with an attorney in 10/08 to discuss bankruptcy. We decided my husband would file and I would could have good credit. We gave payment in full. My husband never completed paper work. Husband took seasonal job from 3/09 to 10/09 deciding to precede with bankruptcy at jobs end in order to claim no income. 10/09 Husband emailed demanding I file for divorce. I contacted the attorney for the bankruptcy requesting represetation in this matter. Attorney said he could not since husband was his client and Husband would have to release him and the retainer. I asked if I could be added to the upcomin bankruptcy knowing I would be in financial distress if my husband insisted on a divorce. I was told no, I would have to file my own seperate bankruptcy, nor could I have half of thee original retainer. This attorney is now representing my husband in the divorce. Can he ethically represent my husband in the divorce see he has previously met with both of us about the bankruptcy and had personal knowledge of my financies etc?
1 Answer from Attorneys
Technically, you have a point and i personally would not have taken on the divorce. However, since all financial information is supposed to be exchanged in a divorce, this really is a no harm no foul situation.
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