who pays for attorney?

Question

if my husband is the one wanting divorce and he is the one to file, shouldn't he be responsible for my attorney? i have no income and am partially disabled due to neck and back injuries i have no means of support at this time what are my options?

Answer 1

That will be part of the divorce settlement. Chances are you will need to pay something up front and perhaps recover that at the end.

Answer 2

In some cases a judge can order the one filing for the divorce to pay both attorney fees and court cost. However, more often than not, you will have to pay for your own unless you can get an attorney that will take your case probono until it goes to court then he can file with the court to have the soon to be ex pay the cost.
You can get legal aide through your state. Go to your local court house and ask for the legal aide office number and then contact them. Each state has this thing that says how many hours an attorney, any attorney, has to donate so many free hours to the less fortunate each year.
So good luck...

Answer 3

I am read a mix of answers on this, but where I am at you can get a court attorney. I filed against my wife not to long ago and I just went to the courthouse and asked for the best options for my wife to find one as well. Mine was paid for by family and I know she couldn't afford one so I made sure she had options. At least here there are options for low income and situational divorce. I can't speak for where you are, but it doesn't hurt to walk in to the court clerks office and ask.

Answer 4

Nope.. In family law you both pay for your own attornies.. If you cant afford one that simply means you dont get one.. there are no court appointed lawyers in Family law that I am aware of in any state... (except in rare instances that the court will appoint an advocate for a child) Public defenders dont get involved in family law unless there is a crimanal charge.. and that would be in a criminal court not a family law court..

Family law is different than other law.. in fact in the states i know the family law of.. you HAVE to pay the retainer of a divorce atty up front and itts illegal to do contingancy cases... And another odd thing.. if you have an attny in a divorce.. its illegal for YOU to speak in court.. you have to speak thru the attny.. you cannot directly address the court...

I have never ever heard of a divorce case where attny fees are awarded... you can thank the "NO FAULT" divorce for that..

Answer 5

I wouldn't really want to fight him in a divorce ( IMO). Grant him one, Unless he has "many terms" he is asking in his divorce.

You wouldn't have to go through the agony of paying for legal service and you won't have to deal with him anymore...There are many other people out there, life will go on, even after divorce.

Then again , if it gets nasty;

I think your best bet is to consult with an attorney.

You can call your state's bar association and they will give you a low cost consultation referral to discuss your rights.

Answer 6

I don't know what state your in, but it looks like your are a candidate for social services. Look in your phone book. Look on your Internet. The Judge should make the finial decision. I'm sure with your problems, you should get threw this with help. Good luck, and don't let yourself get badgered.

Answer 7

Whomever files should pay--if it's mutual then split the cost.

Answer 8

You want an attorney...You pay of it...
Same for him..

Answer 9

You can get a public defender, if you haven't any money!