What will a judge due if one of the parties cannot afford their own lawyer? What guidelines does the court follow to make their own determination about settlement amount?
I heard they rely heavily on standard of living.What if, do to the husbands control of money. Her standard of living was not that high? And does she get to say anything in her case if the court has to rule?
2007-09-14 12:12:24 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Assuming she can get a lawyer that will either take the fees out of her end amount or ask the court to get the husband to pay it based on the fact that he makes more. If she signs the settlement without legal representation and not being an avid or fluent english speaker or reader.Can she go back in the future and challenge the amount and settlement because she did not have a clear knowledge before signing and feeling threatened by her inability to comprehend the document?
2007-09-15 18:21:14 · update #1
The court will make the determination based on what both parties disclose regarding their income and assets. Court is not going to conduct their own investigation as to who owns what. If the husband discloses only half of his income and assets, that is what the judgment is going to be based on. If you know he makes and owns much more than what he says, YOU will have to prove that with the supporting documents.
If you are going to get the divorce without a lawyer, you are screwed. He will cheat you on the settlement, he will cheat you on the alimony, he will cheat you on child support, and the judge is not going to do anything about it. You really need to find the money and hire a lawyer that handles his cases at the same court where your divorce is supposed to take place.
The exact thing has happened to me. The judge did not count the settlement that I signed without the representation. I said that he had threatened me to sign the settlement.
I don't think you will be able to find the lawyer who would accept your case without the money paid upfront. You really need to find the money first and then hire one. If you have to go to court before you got yourself a lawyer, tell the judge to postpone your hearing until you find yourself a legal representation. Also, tell the judge not to accept that agreement that your ex has made you to sign. The judge will throw out that agreement. Don't sign anything else without your lawyer. Email me if you have more questions. Good Luck!
2007-09-14 13:39:54 · answer #1 · answered by OC 7 · 0⤊ 0⤋
In most states it's a 50/50 guide line, they the lawyer will look at what you make and what he makes what your life style was like for the last four years when you are going through a divorce, all income tax returns for the last four years, Ira's savings, bonds vacations, cars, boats, it will all be looked at under a microscope, so do not hide anything, it's like telling a lie you will get caught. As far a lawyer gos, and have to prove you can't afford one, a judge might a point one to you.
2007-09-14 12:23:20 · answer #2 · answered by kim t 7 · 0⤊ 0⤋
STAR/ this is a real case for judge judy and belevie me she will put that guy in his place.. watch your tv set and tune into judge judy show they give u a phone number to call if u need help go for it girl; u are still a human being and should not be ruled by some idiot that controls your life...
2007-09-14 12:20:46 · answer #3 · answered by rpr1940 2 · 0⤊ 0⤋