QUESTION
Can I make my husband pay for the divorce and get spousal support?
Asked on Oct 23rd, 2012 on Divorce - Michigan
More details to this question:
We have been separated for over a year and my husband moved his girlfriend in the weekend after I moved out. I need to know, since I struggle month to month to pay my bills and keep a roof over my head if I can make him responsible to pay for the divorce.
14 ANSWERS
Leonard A. Kaanta
It is possible.
Answered on Jun 26th, 2013 at 10:04 PM
Steven D. Dunnings
How long have you been married?
Answered on Jun 26th, 2013 at 10:04 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Generally, you have to pay for an attorney yourself and seek reimbursement of that expense from your husband in the divorce case. Whether you will receive spousal support depends on a number of factors, such as the length of the marriage, your incomes, and your work history in the marriage.
Answered on Oct 28th, 2012 at 4:30 AM
Divorce for Men Attorney serving Nutley, NJ
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The Micklin Law Group, LLC
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You can and should file an immediate application for support and an advance in counsel fees so that you can retain an attorney. Depending upon several factors, including but not limited to the income discrepancy between you and your husband and the income and assets currently available to both of you, the court may order support and may consider ordering him to advance your counsel fees.
Answered on Oct 24th, 2012 at 5:26 PM
You can file a motion for support and for attorney's fees. You should consult a family law facilitator to assist you with the paperwork.
Answered on Oct 24th, 2012 at 5:25 PM
The questions you ask depend on the length of your marriage, your ability to work and work history and why you have not sought spousal support for over a year. I urge you to talk to a family law attorney in your community.
Answered on Oct 24th, 2012 at 4:28 PM
Whether or not your husband 'could' be held to be responsible to pay your costs of divorce will ultimately be up to the Court. Of course, if you don't ask, the Court can't say 'Yes'. Good luck.
Answered on Oct 24th, 2012 at 3:57 PM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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Yes. He can be ordered to contribute to your attorney fees depending on the degree of disparity in your incomes. The spousal support issue is more complex as it also depends on the length of the marriage, health and education of the parties and fault in the break up. Consult an attorney to get an answer that fits your particular facts.
Answered on Oct 24th, 2012 at 3:57 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, attorney fees are awarded on need and ability to pay. You may be entitled to maintenance (alimony) too. File for temporary orders asap.
Answered on Oct 24th, 2012 at 3:56 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, you might be able to do this. It depends upon many factors not listed and the case requires a review of all relevant facts and financial circumstances of the parties.
Answered on Oct 24th, 2012 at 3:56 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You will have to convince the judge that under all the facts and circumstances it is fair and reasonable to have your husband pay your legal expenses. The decision will be based on financial circumstances - not a "punishment" for what you believe is your husband's wrongdoing.
Answered on Oct 24th, 2012 at 3:55 PM
Michael Paul Vollandt
In California a superior wage earning can be ordered to pay some of the other side's attorney fees and fees. FC Code 2030. You have to file a RFO to do it. It does not happen automatically.
Answered on Oct 24th, 2012 at 3:54 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You should file for divorce immediately and set a hearing for spousal support and attorney fees. If he earns more, he should pay support and contribute towards your attorney fees. The longer you wait, the longer it will take you to get to court, particularly with the budget cuts that are making it slower and more expensive. Chances are they may increase filing fees again depending on the election and budget shortfalls, so do not wait. Opinion only, not legal advice.
Answered on Oct 24th, 2012 at 3:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need more details but it does appear you have an argument. You should get aggressive counsel.
Answered on Oct 24th, 2012 at 3:52 PM