QUESTION
what can I do if I can't afford to pay for my attorney's fee while going through a divorce?
Asked on Mar 16th, 2013 on Divorce - Arizona
More details to this question:
My husband filed for divorce. We cannot come to any agreements and the divorce is now going to trial. I have had to borrow money for my legal fees from my parents. My attorney is now telling me she needs more money to continue. My parents are broke. What is my recourse?
3 ANSWERS
Family Law Attorney serving Villa Park, CA
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The Law Office of John J. Stanton
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Your attorney can request fees from your spouse. The court will order him to pay some or most of your fees if there is an income disparity between you two (He out earns you by more than just a little) and you can demonstrate need. Also, if there are any cash accounts that hold community funds, the court can grant you access to your share.
Answered on Mar 18th, 2013 at 8:25 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can try to work out a payment plan with your lawyer. You can also agree to pay her out of whatever equalization payment you can get in the divorce.
Answered on Mar 18th, 2013 at 8:13 PM
Unfortunately, there is not really any recourse in a situation like this. An attorney cannot work without compensation (nor should they be expected to), so if you are unable to afford counsel, you might have to represent yourself at trial. There is a possibility that the court could order your husband to reimburse your legal fees, but that is generally the exception, not the rule.
Answered on Mar 18th, 2013 at 8:12 PM