In most cases one attorney can often represent both divorcing spouses in a bankruptcy (as long as that attorney is not also representing one of the spouses in the divorce).

This is because, usually, both the husband and the wife are on the same page: wanting to get rid of the marital debt before they end the marriage.

The only time there is a conflict of interest is where each spouse has different goals for the bankruptcy, or where bankruptcy laws may reveal an advantage to one spouse that works to the disadvantage of the other.

In that instance there may well be a conflict that would prevent one attorney from representing both of you.

The best thing to do is for each of you to consult with your own bankruptcy attorney separately and hash out all of the issues. Those lawyers can then identify any conflicts that would determine a need for separate counsel.

Once that has been done, if no problems arise, you can then proceed with the same lawyer (a third one) to handle the filing. Find out more!

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Steven J. Richardson
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Bankruptcy, Collections, Student Loan, DUI and Traffic Court attorney in Woodbury, NJ.