Divorce Attorneys and Same Sex Clients: Should They Have To Take Them On?

Divorce is a process that happily married couples hope that they never have to face. In reality, according to the CDC, of the 2,096,000 marriages that occur approximately half result in divorce. Divorce can be a financial and emotional process; many, who have gone through divorce, agree that it was one of the hardest things to go through. Finding the right divorce attorney is important for a soon-to-be-divorced individual. According to a well-known Divorce Lawyer, depending on which state you live in, you may not have to bring all the “nasty” events of the marriage into the process to have a successful divorce. Living in a state that has no-fault divorce may make the divorce process a lot easier, not having to make it too personal, but rather a simple settlement.


However, some women feel more comfortable having a female attorney and men often want to find a male attorney. There are often preconceived notions about the gender of the attorney, such as the “soft and understanding” nature of a female lawyer, representing a woman, who may be deemed more successful at dealing with a case dealing with a “victim” in divorce concerning drug abuse, domestic violence, or infidelity. Additionally, a male lawyer, representing a man, may be hired for his “outspoken and aggressive tendencies” when the male client is seeking custody of children or trying to paint the wife in a “darker” light. Many may question if this practice of “only representing women/men” is sexist or fair?

Are Divorce Lawyers Sexist or Fair?

We’d all like to think that divorce lawyers are leading a fair practice with the best of intentions and making the client (male or female) the number one priority. Some lawyers who only represent either a man or woman may do so for any number of reasons.

One lawyer, who caters to women, but represents men on request, believes that limiting oneself to only representing one gender can affect the way an attorney analyzes a case. He adds that different points of view can be helpful while working on a case. While an attorney is representing the point of view from a client, the attorney may gain a better perspective by looking at the opposing party’s strengths and weaknesses.

Male divorce attorneys, who build their law firm around the “Divorced Dad”, should be careful. While their intentions may be good, their approach may come across as “sexist”. A lot depends on how they sell themselves to potential clients. Some lawyers will argue that they are not sexist, but adamantly refusing to represent the other sex could suggest otherwise. In an article in the Wall Street Journal, a family lawyer gives some advice to “one gender only” divorce attorneys, “It is much better to have a reputation for representing each client based on the facts of their case, regardless of their gender.”