Some people in unhealthy or miserable marriages do not feel like they can leave. In fact, they may not even feel safe looking into what a divorce might require. Individuals in a relationship with an abusive or manipulative spouse may be subject to extreme oversight. Their spouses may regularly check their phones or monitor their email communications. Even in-person meetings with lawyers might be difficult to arrange without a spouse discovering someone’s plans.
Therefore, friends and family members might offer to help by contacting attorneys on behalf of the person hoping to leave their unhealthy marriage. Can someone hoping to divorce rely on friends and family members to contact attorneys on their behalf?
There are limits to how others can assist
A trustworthy friend or family member could take control over the initial stages of communicating with a family law attorney. Particularly if the situation puts someone in danger if their spouse were to discover their desire to divorce, having a third party handle the early stages of talking with and evaluating divorce attorneys could be a smart decision.
A friend or family member can create a short list of lawyers who have experience handling certain divorce elements, such as complex assets or families embroiled in a domestic violence situation. They can validate whether an attorney has the availability to take on new clients and confirm what they would charge per hour and as a retainer before providing services to a client.
However, there are limits to what an outside party can do on behalf of someone who needs legal representation. A conversation with a third party does not necessarily create attorney-client privilege the way that a direct conversation with a prospective client might. Therefore, there could be concern about the information shared by that friend or family member eventually reaching other people.
Additionally, friends and family members hoping to help someone in a difficult position should only reach out to legal professionals when they have specifically discussed doing so with the person in the unhealthy marriage. Reaching out to lawyers without someone’s prior permission could be a major violation of their trust and might further alienate them from the support network that they likely need when they attempt to leave their marriage.
Outside support can often be crucial for those seeking to move on from unhealthy and unhappy relationships. Offering to help a loved one begin the search for a divorce attorney could potentially help them leave a dangerous and volatile marriage.