QUESTION
Can my husband sole provider for the family making $250,000 file for divorce then refuse to give me money for a lawyer?
Asked on Jan 23rd, 2013 on Divorce - Texas
More details to this question:
I have been a homemaker and mother to my four-year-old daughter for the duration of my 5-year marriage. My husband owns his own business and makes $250,000 dollars a year. He has filed for divorce, continues to pay the household bills which remain in his name at the house in which my daughter and I live but he refuses to give me money to hire an attorney to respond to his dissolution of marriage summons. He tells me he'll see me in court. Can he do this?
7 ANSWERS
2 Awards
Keep talking to lawyers, you'll fine one to help you, because they can get fees out of him if they're willing to work at it.
Answered on Apr 10th, 2013 at 2:25 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Many attorneys offer a free initial consultation. You can consult with an attorney and determine how to best proceed. Sometimes, a motion for temporary attorney fees can be filed and ordered by the Judge.
Answered on Jan 27th, 2013 at 5:06 PM
You will need to bring a motion to ask for attorney's fees to hire counsel. You should consult a family law facilitator to assist you with the motion.
Answered on Jan 27th, 2013 at 5:02 PM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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He is not required to pay your counsel fees at this time as there is no court order, so unfortunately yes he can refuse to give you money. However, if you have the need and he has the ability to pay, the Court may require him to pay all or part of your counsel fees. Consult with an attorney as soon as possible to discuss the matter more in depth. Please keep in mind that you only have 20 days to respond to your Husband's Petition for Dissolution once you have been served, so time is of the essence.
Answered on Jan 27th, 2013 at 5:01 PM
There is no requirement that one party advance funds to the other for payment of attorney fees. The court has the discretion to award attorney fees (based on the financial resources of the parties and the reasonableness of positions they take throughout the proceedings). You can ask the court to enter a temporary order for him to provide some funds for you to hire counsel, but you will probably have to obtain funds elsewhere to hire the lawyer in the first place to assist with the temporary orders. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Jan 25th, 2013 at 11:44 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File for hearing to get support alimony and attorney fees. Judge should order him to pay some of your fees.
Answered on Jan 25th, 2013 at 11:44 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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The question is not whether he can do it; the question is what you should do in response. Call some local lawyers, tell them your situation and see if one won't take your case and try to get your husband ordered to pay him or her, or if that doesn't happen get paid from your eventual property settlement. If you can't get help that way, try legal aid.
Answered on Jan 25th, 2013 at 9:50 AM