Legal Question in Family Law in Massachusetts

Re: ethics

There is no obvious conflict of interest presented here. That would be the only reason for disqualification of the attorney.

I am guessing that the writer here is one of the two spouses on the "outside" of the infidelity -- the spouse who was faithful.

Infidelity is very painful, but the courts in Massachusetts prefer to treat it as a symptom of the overall problem. As a general rule, unless significant marital assets were wasted in the course of infidelity, or the infidelity brought disease to the innocent spouse, it is not weighed heavily in property division or alimony considerations. In many if not most cases, it is not given as a reason to limit visitation or custodial rights.

These are general rules. I could certainly point out potential exceptions, but all of these would be fact-based.

I write this because you and your own lawyer have to focus your energies on what the Court will be looking at in the divorce. If you pound your head against this wall, you will wind up with a headache, and (probably) an intact wall. The Court wants to handle the financial and child-related issues; it does not serve as a conduit for moral punishment of the unfaithful spouses.

If you are, in fact, the faithful spouse, my strong suggestion is that you seek and obtain counseling. You need to work through this issues, and focus on that healing process outside of the courtroom (as best as possible). Don't focus on the lawyers; each of them (yours) has a job to do -- to focus on what the Court will want to know to resolve this divorce. The other side's source of referral or original contact with his/her attorney is almost certainly irrelevant.

Re: ethics

the short answer is NO. As long as there is no conflict of interest between the two clients and/or the clients have waived such a conflict.