QUESTION
I am a stay at home mom, does my husband have to pay for a attorney if I need one for a divorce?
Asked on May 02nd, 2013 on Divorce - Michigan
7 ANSWERS
The court can order the payment of temporary funds to allow you to retain an attorney. The court can also award you some or all of your attorney fees as part of the final settlement. However, if your husband declines to give you money for an attorney, you are responsible to pay for your own attorney until the court enters an order addressing the issue. The difficulty will be finding an attorney who will work for you now, in the hope of getting paid in the future.
Answered on May 07th, 2013 at 1:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
In Michigan, if there is only one party within income and a divorce situation the employed individual is commonly ordered to pay all or part of the other persons attorneys fees.
Answered on May 07th, 2013 at 1:48 PM
Family Law Attorney serving Las Vegas, NV
at
Law Offices of Webster & Associates
Update Your Profile
It depends. Some judges defer awarding attorney's fees until trial. Most attorneys request a retainer from you and are unwilling to take a chance that they may get attorney's fees awarded by the court. You should speak to an attorney regarding your specific situation.
Answered on May 07th, 2013 at 1:47 PM
Business/ Commercial Attorney serving Seattle, WA
at
Wolfstone, Panchot & Bloch, P.S., Inc.
Update Your Profile
That depends on a variety of factors, including his earnings and ability to pay, and whether there are any other resources (e.g., savings). Even if he is ordered by the court to contribute to your attorney fees, he will probably be obligated to contribute only a portion of your fees and not the full amount.
Answered on May 07th, 2013 at 1:46 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
No, he does not have to pay for your attorney.You are not entitled to an attorney since a divorce is a civil matter. To get attorney's fees once you have an attorney you would have to ask the court and have to show that yo have the need an he has the abiliity to pay.
Answered on May 07th, 2013 at 1:42 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
It is likely. Of course, half of the savings account is yours and that money could be used to pay the attorney. Talk with your attorney about the issue.
Answered on May 07th, 2013 at 1:41 PM
Domestic Relations Attorney serving Milford, MI
at
Gabel, Gudmundsen & Gabel, P.C.
Update Your Profile
If an award of attorney fees is necessary to enable a party to prosecute or defend the action, the trial court may award the amount it finds necessary and reasonable. MCL 552.13(1); MCR 3.206(C). Most courts will not enter an ex parte order for attorney fees but rather require a separate motion and hearing. The motion should clearly state the parties respective resources and the reason for the need for assistance. The motion must be supported by facts indicating that you are unable to bear the expense of the action.
Answered on May 02nd, 2013 at 11:14 PM