QUESTION

What should I do if I can't afford a divorce attorney?

Asked on Sep 07th, 2011 on Divorce - Georgia
More details to this question:
My husband and I are married for 11 years. I left my spouse a year ago. Now he has served me with divorce papers. I am in total agreement with getting a divorce. However, we have 4 children that he may attempt to gain child custody to avoid paying for child support. We have no joint property or asset. I will agree to joint custody however I believe the kidsโ€™ primary resident should be with me. The oldest is 10 years old and the youngest 5. He does not want to give me any support. In order to house my children and myself comfortably (not lavishly) I need support. How do I pursue this divorce without an attorney?
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11 ANSWERS

Administrative-Regulator Attorney serving Seattle, WA at Law Offices of Karen A. Clark
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There are several attorney referral services where you can find a low-cost or pro bono attorney. I would suggest contacting your local bar association about locating a pro bono attorney. The court's family law facilitator might be very helpful, too.
Answered on Sep 12th, 2011 at 3:29 PM

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Divorce Attorney serving Brookfield, WI
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If you do not want an attorney (which may be a mistake if he will fight to have the children), then apply for the services of the child support office in your county, so you can at least establish the child support or family support.
Answered on Sep 12th, 2011 at 10:25 AM

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Roianne Houlton Conner
If you can not afford a lawyer contact your local bar association for a list of attorneys who have voluntaried to take pro bono cases.
Answered on Sep 12th, 2011 at 8:39 AM

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Family Law Attorney serving Petaluma, CA at Law Office of Erin Farley
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You can get an order for husband to give you money for attorney fees. Absent that, the courts (in California) each have a family law facilitator at the courthouse. The facilitator is a family law attorney who will give brief legal assistance at no cost to you. Also check out the California Court website at www.courts.ca.gov and look through their self-help guides. It's not ideal to pursue the action yourself, but it can be done.
Answered on Sep 09th, 2011 at 12:36 PM

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Who has the children resided with for the past year is one question that the court will ask.
Answered on Sep 09th, 2011 at 12:03 PM

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Bankruptcy Attorney serving North Muskegon, MI at Holmes Law Office
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Contact an attorney and get a consultation. If you retain an attorney he may be able to get,you husband to pay his fees. He will also get Child support and perhaps spousal support going for you. Alternatively if you still can not afford private counsel contact legal Aid in your area. If they are not able to take your case, they have a list of attorneys who have agreed to take a number of cases without charge or for reduced fees.
Answered on Sep 09th, 2011 at 11:53 AM

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Theodore W. Robinson
First, you should know that you have as much right to an attorney as he does and if he is the only moneyed spouse, you have a right to ask the Court to direct him to pay for your attorney as well. Usually, the Court will direct such a thing if you ask for it. I suggest you write a letter to the Court in whom the case is pending right away and ask for help. I don't know where you live, so it may vary from county to county. You may also write to the local Bar Association for assistance and they may have Pro Bono (free) attorneys available to you to assign you. As for support, he has an obligation to support his children. Go to Family court and file a Petition for child support and custody right away. You donโ€™t need a lawyer for that. Do that today. Don't delay. Ask there is they know how you can be assigned an attorney or get him to pay for one for you. The laws are clear that neither party should have an undue financial advantage over the other spouse, so follow up with that nor I believe it will change. As for custody, joint custody with you as primary should be what is ordered based upon the childrenโ€™s ages. Fight that strongly. Your kids need you. Good luck.
Answered on Sep 09th, 2011 at 11:48 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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You really can't afford not to consult an attorney. While it is possible to represent yourself in Colorado, you should not try to do so unless you have a decent understanding of the law and the procedures required. If all you can do is pay an attorney for a couple of hours explaining things to you, you need to at least do that much. In Colorado the term "joint custody" doesn't really mean anything and you need to anticipate all of the issues arising from figuring out an adequate parenting plan for 4 children. How the children's time is to be divided between each parent's home needs to be based on what is best for the children and not simply how child support will be affected, so you need to understand how judge's expect those decisions to be made.
Answered on Sep 09th, 2011 at 11:37 AM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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Ask him to pay for a mediator or file a Petition for Attorney Fees for him to pay for your counsel if he makes sufficiently more than you.
Answered on Sep 08th, 2011 at 9:04 PM

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Patricia C. Van Haren
If your husband makes more money than you, he will likely be required to pay for your attorney fees. A court will also make orders for support. You can represent yourself in hearings, however that it not very advisable.
Answered on Sep 08th, 2011 at 8:45 PM

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Glen Edward Ashman
You cannot afford not to get counsel. Even if you have to borrow money or ask family, get a lawyer. Note here in Georgia if the children are with you and he is not paying, in the interim, go to the state child support unit and have them put him on child support.
Answered on Sep 08th, 2011 at 8:40 PM

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