QUESTION
Obtaining a lawyer to advise on separation agreement when husband has cut off access to funds.
Asked on Mar 06th, 2019 on Divorce - Virginia
More details to this question:
I'm a lawyer but not a divorce lawyer. A friend has come to me for advice. She and her husband have decided to divorce. He is the primary earner, she works a low wage job. He has cut her off financially. They are still living in the same condo. They are about to attempt to negotiate a separation agreement. I told her she needs a divorce lawyer. She contacted one who said he would need $12,000 for the separation agreement. She is earning barely enough to sustain day-to-day. This is in northern Virginia. I have suggested she contact Legal Aid of NV but I don't know if she will qualify. Is there a way for her to get the advice she needs, perhaps on the basis of the husband's ability to pay?
1 ANSWER
I suggest that your friend call around to see if she can make an appointment with someone who will not require a retainer. She needs to be in a position to pay a consultation fee. If she has a valid credit card, this may be sufficient to start the process, as some lawyers will require a client to have a valid credit card on file to cover expenses. Others may be willing to establish a payment plan. Once the case is filed in court, she will have other options. For example, a litigant can seek separate maintenance or other forms of temporary support, if the parties are living separately. If she is able to pay for an initial consultation, which is usually billed at a lawyer's hourly rate, she may be pleasantly surprised at the options that are available. Best of luck~
Answered on Mar 11th, 2019 at 9:50 AM