Legal Question in Civil Litigation in California

Under what circumstances (if any) may a souse represent his/her spouse in a lawsuit?

Asked on 12/18/10, 11:37 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Only if (a) the representing spouse is a lawyer licensed to practice in that court, AND (b) the other spouse has agreed to let her represent him.

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Answered on 12/23/10, 12:09 pm

Anthony Roach Law Office of Anthony A. Roach

I disagree with Mr. Hoffman.

Spouses may represent each other in small claims court if they have a joint interest in the claim or defense and the represented spouse has given his or her consent. However, one spouse may not represent the other spouse if the court decides that justice would not be served such as where their interests are not the same and may conflict. The represented spouse need not come to court if the judge allows representation

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Answered on 1/06/11, 6:20 pm

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