Issue: I am involved in a divorce case with my wife of 5 years. We are fighting over money and custody. I am convinced that she is having an affair with her divorce attorney, who is married and quite well known. Can I do anything to exploit this situation as it regards my divorce case?


Insight: If you believe that your wife is having an affair with her lawyer you may report him to your state’s attorney disciplinary committee.  Most states have adopted some form of American Bar Association Model Rules of Professional Conduct Rule 1.7 (a) (2), which states that a lawyer should not represent a client if there is a risk that the lawyer will be materially limited by his own interests.  This would include a personal relationship with a client and may be grounds to force withdrawal of the attorney’s representation.

Since your divorce is not final until the divorce decree is signed by the judge, any form of adultery, may be used to your legal advantage, as long as you live in a state that recognizes fault in divorce proceedings.  If you are able to prove that your wife is having an affair with her attorney during the divorce proceedings, you will have a better chance of obtaining custody of your children and may be entitled to a larger portion of the marital assets.


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