QUESTION
How do I make my husband to show his income and assets if I'm a housewife and have no income and no way to pay an attorney?
Asked on Dec 08th, 2012 on Divorce - California
More details to this question:
I'm a housewife. My husband wants the divorce after 7 years of marriage. We have a 5-year-old daughter. During all this time, he has had total control of our financials. We have been living pay check by pay check all this years. I know he is hiding assets. I never received a coin from the taxes. I recently found out that he has been receiving bonuses from his work every year. I never heard a word about it from his mouth. I know he has several bank accounts (which ones I never had any access to, whatsoever). He says it’s only his money and I have zero rights to it. He has never told me how much he makes and I only have accesses to whatever money he has wanted to give me to do groceries and that's it. I have no money to pay an attorney and he is not willing to pay one for me. What can I do?
8 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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It may be possible to have your Husband pay for your attorney whether he wants to or not. You should consult with an attorney. As for any of his accounts, his retirement and any and all other assets, they are half yours if they were acquired during the marriage. That is the law in Florida. As stated, you should consult with an attorney and perhaps speak with family members or friends to see if you can somehow at least raise the initial retainer.
Answered on Dec 19th, 2012 at 4:59 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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During the divorce process he will be required to show financial information. You should consult with an attorney and fees may be able to be paid by husband.
Answered on Dec 11th, 2012 at 12:22 PM
Steven D. Dunnings
Hire an attorney. A judge could order your husband to pay some, if not all of your attorney fees. Your attorney can get discovery to uncover assets and get an order prohibiting your husband from selling, hiding or using assets during the divorce.
Answered on Dec 11th, 2012 at 12:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should see an attorney, file an action, and under the circumstances asked that he contribute or pay your cost of an attorney. Generally, all income which was received during the period of the marriage is considered to be marital property. There are processes called discovery which allow you to find out what, if anything he has. He will have to answer the questions under oath and penalty of perjury.
Answered on Dec 11th, 2012 at 12:20 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to try to find an attorney willing to take your case and fight for you without a retainer. This will be very hard to do, but the money that the Husband has stashed away is half yours, and perhaps you will be able to find an attorney to go after the assets he has. The filing fee alone is $400, and service of process is $40.
Answered on Dec 11th, 2012 at 12:20 PM
Make some calls to family law attorneys who are willing to file for Pendente lite fees. You have a legal right to representation and he will have to pay for that.
Answered on Dec 11th, 2012 at 12:19 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File for a hearing and ask the court to order him to pay attorney fees. Borrow some money to pay for an attorney. If you try to do this by yourself you will not get your fair share. When someone from the start says they're not going to give you what you're entitled to there's a lot of formal discovery to do.
Answered on Dec 11th, 2012 at 12:18 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Your husband sounds financially abusive, maybe more. Consult with an attorney and determine whether they would be willing to take your case. In California, the Family Code allows the lower-earning spouse to request attorney fees based on "need and ability to pay;" what this means is that your attorney can request that your husband be ordered to pay some or all of your attorney fees. Also, you could consult with the California Department of Child Support Services to obtain and enforce orders for child support (and spousal support so long as a current child support order is in place). As to proving income, once the case has begun, you have the right to seek "discovery" - ie, you can make him produce his bank records and you can obtain employment records.
Answered on Dec 11th, 2012 at 12:17 PM