What do I do when I need an attorney but I am a stay at home mom with no money? I need legal representation to make sure I get custody of my child. How do I find an affordable attorney? What do I do when he makes and took all of the money?
Contact your local bar association to get the name of any divorce attorneys who do pro bono work. If this is not available contact Legal Services of Alabama to see if they are able to assist.
Many women are in the same boat. Often the court will order support of the wife and children on a temporary basis, which may also include legal fees if he has been the long term sole support of the family. Please see your local legal aid office or a domestic relations attorney near you.
You may immediately go in to court and request that he pay your attorney fees. Since your spouse works and you are at home, the court will give you orders for support and payment of at least a portion of your attorney fees. There is no way to predict how much a divorce will cost you as there are many factors involved in a divorce.
Our firm provides legal representation by the case, not by the hour. Your attorney should also request that your spouse pays all or part of your attorney's fees.
There are several things you can do. Try contacting your local county bar association to see if they have any programs that might provide some assistance. Second, you could look for an attorney who provides pro se assistance - in other words an attorney who can help you represent yourself, such as by helping you draft the documents you need and providing general advice. That way you can determine how much help you can afford, assuming you can afford something. Third, contact various attorneys to see if you can find someone willing to take the case on to try and get the court to order some money paid over by your husband to cover your legal expenses. Most attorneys charge in the $200-$400 per hour range, but it is hard to estimate how much a specific divorce might cost without a good deal more information.
You can file a motion for support and for him to pay for your attorney. Rates for attorney's vary. You should speak with several to find an attorney that you are compatable with.
It is not possible to estimate the cost of a divorce proceeding without having a crystal ball to predict how the case will proceed and how much conflict there might be. Until an attorney has all the relevant financial information and family history that is relevant to the child and some idea of how much serious conflict there will be, he cannot begin to estimate the ultimate cost. Many attorneys will take your case on a pro bono (i.e. free) basis or at a reduced fee. Depending on the facts, it may also be possible to eventually have the court compel your husband to pay your attorney fees, if he has the resources to do so, and if that appears reasonably possible the attorney may be willing to begin handling your case without an up front retainer deposit. You just need to start calling attorneys to find one that is willing to meet with you and discuss the possibilities.
With attorneys, like most things, you get what you pay for. A divorce will cost more or less depending on the amount of acrimony (fighting) between the parties and what they have to fight over. Fights over custody are some of the most expensive litigation that an individual may undertake, because the result is more important than money to most people. In Louisiana, even a stay at home mom "with no money" can get assistance if her husband had a good job and there are community (marital) assets. A court can order a partial distribution from community accounts to help the spouse who has not had control of the finances. Interim or temporary spousal support can be awarded to help a spouse with living expenses during the time the divorce is pending. Divorce expenses are community obligations, and your husband can be made to pay one-half of those fees in the community property settlement (although you may also owe one-half of his fees.) If you can get help with a fee retainer from relatives, a credit card or other resources, you should be able to find a capable attorney to help you. If you are truly indigent, and there are no community or marital assets, you can contact your local Legal Services Corporation grantee. The Legal Services Corporation is a national non-profit, chartered by Congress, to help the poor and elderly obtain legal help when they need it. Each local legal services office has their own criteria and set of priorities for helping the poor.
The cost of a divorce varies a great deal. There generally is no good way to pick a particular number. One think you might consider is contacting the Washington State Bar Association. They have a program called the moderate means program that help people with limited financial ability get with attorneys.
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