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Allen M., Esq.
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Does a husband have the right to represent and speak wife in

Customer Question

does a husband have the right to represent and speak for his wife in legal matters?
Submitted: 1 year ago.
Category: Legal
Expert:  Allen M., Esq. replied 1 year ago.

That depends, but typically the answer is no.

A person doesn't have to be an attorney to represent themselves. However, if a person is representing someone else, the law requires that they be an attorney. Nothing about the spousal relationship undoes that legal fact. If the husband is also an attorney, then certainly yes, the husband/attorney can represent or speak for their spouse.

The only other exception is that, in some small claims courts, a person is allowed to have someone there to speak for them, and it doesn't have to be an attorney (you didn't identify the state or court you are in, specifically).

Customer: replied 1 year ago.
Sorry when I googled about a husband representing his wife I specifically mentioned UTAH.
A Judge FNU Owens out of St. George, UT handling cases in Washington and Iron Counties, Utah
Several years ago said in a court action that Utah law provided that a husband could represent
his wife in legal matters. Utah law allowed it. So, I was double checking his statement.
Expert:  Allen M., Esq. replied 1 year ago.

I did note that you had not mentioned the specific state in question and that I could only give the basic legal precept.

Judges rule their court rooms and they can allow people to speak if they wish. That doesn't make it the law that a person who is not an attorney is entitled to speak for their spouse. So, if one judge might choose to allow that, that would not be a basis for compelling another judge to do so.

I'd be interested in seeing the cases that you are referring to, because in conducting similar searches I am not finding this particular judge's basis for the decision.

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