QUESTION

Do I have to pay for my wife’s attorney or can the court appoint her a free one?

Asked on Oct 18th, 2013 on Divorce - California
More details to this question:
I served my wife with divorce papers and asked her to meet up with my lawyer so she can straighten everything out for us. She refuses and said that I have to get and pay for her lawyer. She only works part time but and I don’t have the money either. I pay all the bills and have two kids. Can’t she get a lawyer from the court?
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13 ANSWERS

Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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There is no legal requirement she have an attorney or that you must pay for one. If she is voluntarily limiting her income by only working parttime most Judges will not order you to contribute.
Answered on Oct 18th, 2013 at 5:25 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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No, and under some circumstances you or the marital estate will be order to pay all or part of her representation. The old adage is "Agree, for the Law is costly".
Answered on Oct 18th, 2013 at 12:16 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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The court in family law cannot appoint an attorney. You are only entitled to have an attorney in a criminal proceding. There is no family law equivilant to a public defender. However, the each party is entitled to have an attorney if they want and can afford one. There are several statuted that allow the court to order one side to pay for an attorney for the other side, but the most relevant one to you will be Family Code Section 2030, which states: " (a) (1) In a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party's rights by ordering, if necessary based on the income and needs assessments, one party, except a governmental entity, to pay to the other party, or to the other party's attorney, whatever amount is reasonably necessary for attorney's fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding. (2) When a request for attorney's fees and costs is made, the court shall make findings on whether an award of attorney's fees and costs under this section is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney's fees and costs. A party who lacks the financial ability to hire an attorney may request, as an in pro per litigant, that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward. (b) Attorney's fees and costs within this section may be awarded for legal services rendered or costs incurred before or after the commencement of the proceeding".
Answered on Oct 18th, 2013 at 12:16 PM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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For civil matters such as divorce, no one is entitled to court appointed counsel, so that is not an option for her. If you make a great deal more money than she does, you may be required to pay a portion of her attorney fees, depending on the specific facts of your case. You mention having an attorney, and this questions is exactly the type of question you should discuss with the attorney who represents you.
Answered on Oct 18th, 2013 at 12:15 PM

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Alternative Dispute Resolution Attorney serving Farmington Hills, MI at DeBrincat, Padgett, Kobliska & Zick, Attorneys & Counselors at Law
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In Michigan, courts do not have funding to pay for parties' representation in civil matters, except in very limited situations. However, there are agencies that are funded through various public and private sources that provide limited legal representation for the indigent. The requirements vary, but there are income and asset limitations which must be met in order to qualify. The court does have the ability to order payment of a party's attorney's fees from the other party, or from joint marital funds. Again, there is insufficient information provided to know whether this would be appropriate in this case. One thing is probably clear: if you paid for your attorney out of marital funds, then most judges are going to give her the equivalent right. Each party should be entitled to have their own legal representation.
Answered on Oct 18th, 2013 at 12:15 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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She cannot get a lawyer from the court but that doesn't mean you have to hire a lawyer for her. She has several choices; she can represent herself, she can attempt to find an attorney who will work without being paid (that's called pro bono) or she can look into places like legal aid that represent people who have little or no income.
Answered on Oct 18th, 2013 at 12:14 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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There are no free, court appointed lawyers for divorce cases. It may be possible that a judge might make you pay a portion of her attorney fees if you make substantially more than she does, but she would initially be responsible for her finding and retaining her own attorney.
Answered on Oct 18th, 2013 at 12:13 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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In Utah, there are no free, court-appointed divorce lawyers. If you are shown to have the means to meet your own needs, yet still have excess funds after payment of your own needs, your wife can ask the court, under Utah Code Section 30-3-3, to order you to pay her attorney's fees and court costs going forward, as well as for temporary spousal support during the pendency of the case.
Answered on Oct 18th, 2013 at 12:11 PM

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In Arizona the courts do not and will not appoint an attorney to represent either parent in a dissolution matter.
Answered on Oct 18th, 2013 at 12:05 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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She cannot get an attorney from the court, that is only for criminal cases. You don't have to pay for her attorney until the court tells you to. So start your case and let her worry about it.
Answered on Oct 18th, 2013 at 12:04 PM

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Bruce Provda
You should both be represented by different attorneys. The court will sometimes award attorney's fees to one party to pay for another. Discuss this with your attorney.
Answered on Oct 18th, 2013 at 12:04 PM

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No, generally, speaking, in civil cases, you are not "entitled" to an attorney if you can't afford one. Depending on the situation, you will not be required to "find" an attorney for her, but it is possible that you might be ordered to pay for her attorney. You should consult with a family law attorney in your area, preferably the one you have already hired as soon as possible.
Answered on Oct 18th, 2013 at 12:00 PM

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The public defender office is only for criminal charges, not for civil charges. In California, it is possible for one attorney to assist both parties, but only if it is consented to and only in an uncontested divorce. You are not required to pay for her to have an attorney, but there are many public aid groups which may offer free assistance.
Answered on Oct 18th, 2013 at 12:00 PM

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