QUESTION

What are the qualifications for legal aide for a divorce case?

Asked on Jan 20th, 2014 on Divorce - California
More details to this question:
Husband got generic divorce papers from courthouse. He wants me to sign as he states he wants nothing. We have 2 kids and have been married 23 years. He's furious I won't sign. Everyone says to get an attorney because I'm entitled to half of pension and 401k. I have no money to file. I work a full time job but he has not been paying child support as one of our kids lives with him.
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3 ANSWERS

Immigration Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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The Legal Aid Center of Southern Nevada takes divorces cases based on financial need. You may be able to find an attorney on your limited budget, but if you do proceed without an attorney then yes, you are entitled to half of the community property (including retirement) accrued during the marriage. If you were a stay at home mother and housewife then you are probably entitled to spousal support as well. Even if you agree to joint custody, then you would still be entitled to child support based on the disparity of income. Nevada Revised Statutes chapter 125 addresses many divorce and custody matters and the family court provides help with forms at the self-help center.
Answered on Jan 23rd, 2014 at 6:25 AM

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I suggest you talk with Legal Aid directly. They won?t charge to speak with you about that.
Answered on Jan 23rd, 2014 at 6:24 AM

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If he has substantially more income (or access to funds) than you should make a motion for him to pay for all or part of your attorney fees, as well as Spousal Support. Whatever his income, he should be paying Child Support if any of your children are under 18. In a community property state, half of any assets acquired during marriage (including pension and 401k) are yours, but you need the court order to get them into your name. Most courts have Family Law self-help centers, which can get you started, then hopefully, you will have an order for him to pay for your attorney and be able to get everything else taken care of...my bet he is has already consulted with an attorney and that's why he is bringing you papers that are in HIS best interest. The longer you wait, the longer you will have to do without attorney fees, spousal support, and child support. You should get a couple free attorney consultations and go to the self help center asap.
Answered on Jan 23rd, 2014 at 6:23 AM

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