QUESTION
Can I legally make my husband pay for our divorce, attorney's fees and everything?
Asked on Feb 13th, 2013 on Divorce - California
More details to this question:
I just had to file an order of protection against him. He has threatened me with a divorce several times since my doctor has said I could not go back to my place of employment. He diagnosed me with degenerative disc disease, fibromyalia, osteoarthritis, and osteopenia, so at the time I have no money. He left yesterday. He left me with a good deal of the bills. I am currently trying to get my license to sell life and health insurance. I also want to know if I can make him pay alimony until I can get back on my feet. He owns a business. We have been married over two years and we do not have children together, but I do have a child that lives with me.
8 ANSWERS
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Yes. There are portions of the Illinois Marriage and Dissolution of Marriage act that require one party to pay for the other party's attorney when both parties are not financially equal. However, many divorce attorneys require you to put down a retainer while they go after the attorneys' fees from your husband. You may also be entitled to maintenance. Your attorney will ask many questions regarding your health, the duration of the marriage, and the financial abilities of each party. There are some factors that work for you and against you here. Your lawyer will be able to make a better determination when you consult with one.
Answered on Feb 19th, 2013 at 1:52 PM
John Arthur Smitten
If he is in a superior financial position than you, then yes he may have to pay all the legal costs and alimony
Answered on Feb 19th, 2013 at 1:52 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Find an attorney. You can ask for alimony and for him to pay your attorney fees. You may be entitled to half the business if it was established during marriage
Answered on Feb 19th, 2013 at 1:51 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You cannot make him do anything. The court may order him to pay if you can prove the facts that would support that order. In Idaho, spousal support may be awarded, but with only two years of marriage, I would not hold out a lot of hope for it.
Answered on Feb 19th, 2013 at 1:51 PM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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You need an attorney to help you with your divorce.
Answered on Feb 19th, 2013 at 1:50 PM
Dennis P. Mikko
Depending on the financial condition of both parties, a court can order one party to pay the costs and attorney fees of the other. This would require a motion being filed asking the court for such relief. As for spousal support, again, you would have to ask the court. There is no guarantee that spousal support would be awarded. You should consult with a local attorney who could better advise you in this matter.
Answered on Feb 19th, 2013 at 1:50 PM
Divorce & Separation Attorney serving Ridgeland, MS
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Hancock Law Firm, PLLC
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It is possible that your husband will be made to your attorneys fees and costs of filing. This is a matter left to the judges discretion, but certainly should be requested in your divorce petition.
Answered on Feb 19th, 2013 at 1:50 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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The court has discretion to order attorneys fees and costs. Whether or not they will do so depends on the circumstances. You can certainly request spousal support (alimony) and it appears as if you will be entitled to some support but it is always more difficult when?the supporting spouse owns their own business because their ability to pay (how much they earn) isnt always easily ascertainable.
Answered on Feb 19th, 2013 at 1:49 PM