QUESTION
How can I get my husband to pay for my lawyer if we divorce?
Asked on May 20th, 2013 on Divorce - New Jersey
More details to this question:
I am a stay at home mom. My husband earns $110K a year. I would like to divorce my husband. He wants to divorce too, but if I let him take the lead, he will try to give me as little as possible and make me miserable; he has stated so. I have no earnings or savings but want to do a divorce right, not an in-the-mail type like he wants so it can be to his advantage. We have two children together, and I would obviously want the most amount of child support I could get from him to take care of them, as I do not work. I am an out of work Elementary school teacher, as there are no teaching jobs to be had anymore. His income is shady and he doesn' t like to explain it to me. He is paid with personal checks by his business partner (He is part ownner or a Solar company) and has not paid taxes in years which freaks me out. I need legal advice. I am trapped financially by him.
2 ANSWERS
Waynice Green
It appears that you do not wish to to take on this matter alone. You should try consulting with various family law attorneys immediately. You may, as discussed, obtain support while the divorce is pending. In reference to support, the court will look at various factors, when deciding what types of financial support you and your children will be entitled to. During a consultation, an attorney can go over more specifics and discuss your options.
Answered on May 21st, 2013 at 4:33 PM
2 Awards
Usually you will have to pay the attorney a retainer, but then you could ask to have "pendente lite" relief, which means the other party pays support payments pending divorce. If you do not earn any income, then you can also get the other party to pay the fees. child support is also based on who has the kids for which nights. So if visitation includes one overnight per week, then they figure out the child support and reduce it by one night. Get a pro se packet from the court - you can download it form the State Judiciary website, and try filing on your own.
Answered on May 20th, 2013 at 6:36 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship