Can I make my husband pay for the divorce and get spousal support? 25 Answers as of June 26, 2013

We have been separated for over a year and my husband moved his girlfriend in the weekend after I moved out. I need to know, since I struggle month to month to pay my bills and keep a roof over my head if I can make him responsible to pay for the divorce.

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The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
Generally, you have to pay for an attorney yourself and seek reimbursement of that expense from your husband in the divorce case. Whether you will receive spousal support depends on a number of factors, such as the length of the marriage, your incomes, and your work history in the marriage.
Answer Applies to: Ohio
Replied: 10/28/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You can absolutely ask. The default rule is each side pays for his/her own.
Answer Applies to: Texas
Replied: 10/27/2012
Brad Micklin | Brad Micklin
You can and should file an immediate application for support and an advance in counsel fees so that you can retain an attorney. Depending upon several factors, including but not limited to the income discrepancy between you and your husband and the income and assets currently available to both of you, the court may order support and may consider ordering him to advance your counsel fees.
Answer Applies to: New Jersey
Replied: 10/24/2012
Law Offices of Frances Headley | Frances Headley
You can file a motion for support and for attorney's fees. You should consult a family law facilitator to assist you with the paperwork.
Answer Applies to: California
Replied: 10/24/2012
Peyton and Associates | Barbara Peyton
The questions you ask depend on the length of your marriage, your ability to work and work history and why you have not sought spousal support for over a year. I urge you to talk to a family law attorney in your community.
Answer Applies to: California
Replied: 10/24/2012
    Victor Varga | Victor Varga
    You can request it from the court...it's up to the judge.
    Answer Applies to: Maryland
    Replied: 10/24/2012
    Danville Law Group | Scott Jordan
    I assume you mean, can you make him pay your attorney's fees and court costs. The answer depends on many variables and is difficult to convince a Judge to make one party pay everything. California is a no fault divorce state so the Judges generally do not take sides. But, it can be done. As for support, yes, if he make substantially more than you and will likely do so for some time to come.
    Answer Applies to: California
    Replied: 10/24/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    Maybe. In Texas it depends entirely on the circumstances, the length of the marriage, and your employment/education situation as compared to his. The fault in the breakup of the marriage, unless truly extreme is not as important of a factor.
    Answer Applies to: Texas
    Replied: 10/24/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    You just need to hire a lawyer, You can ask for him to pay but I doubt a court will order it You can file on the grounds of abandonment and depending on how long you were married you may get alimony.
    Answer Applies to: Alabama
    Replied: 10/24/2012
    Law Offices of Richard K. Jolliffe | Richard K. Jolliffe
    You can't "make him pay" for the divorce. You may be able to have your court fees and costs waived and you should ask the court to order him to pay some or all of your attorney fees. Spousal support is a matter for the judge to decide. There are a lot of factors the judge has to consider.
    Answer Applies to: California
    Replied: 10/24/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Whether or not your husband 'could' be held to be responsible to pay your costs of divorce will ultimately be up to the Court. Of course, if you don't ask, the Court can't say 'Yes'. Good luck.
    Answer Applies to: Florida
    Replied: 10/24/2012
    Law Office of Stephen Barker | Stephen Barker
    Yes. He can be ordered to contribute to your attorney fees depending on the degree of disparity in your incomes. The spousal support issue is more complex as it also depends on the length of the marriage, health and education of the parties and fault in the break up. Consult an attorney to get an answer that fits your particular facts.
    Answer Applies to: Michigan
    Replied: 10/24/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes, you might be able to do this. It depends upon many factors not listed and the case requires a review of all relevant facts and financial circumstances of the parties.
    Answer Applies to: Florida
    Replied: 10/24/2012
    Mary W Craig P.C. | Mary W Craig
    You can ask for attorney's fees, costs of court and spousal support. If you can prove adultery or other bad things your husband has done, you are more likely to get what you want, but everything is up to the judge.
    Answer Applies to: Alabama
    Replied: 10/24/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You will have to convince the judge that under all the facts and circumstances it is fair and reasonable to have your husband pay your legal expenses. The decision will be based on financial circumstances - not a "punishment" for what you believe is your husband's wrongdoing.
    Answer Applies to: Colorado
    Replied: 10/24/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, attorney fees are awarded on need and ability to pay. You may be entitled to maintenance (alimony) too. File for temporary orders asap.
    Answer Applies to: Washington
    Replied: 10/24/2012
    Law Office of Beth Jackson Day | Beth Jackson Day
    It depends on how much money he has. The court won't punish him but will equally divide assets. If he can afford to support you the court will make him do it.
    Answer Applies to: Maryland
    Replied: 10/24/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can ask for him to help. I don't know how much he makes and how much you make so I cannot answer this for you but you have the right to request that he helps out financially.
    Answer Applies to: California
    Replied: 10/24/2012
    Attorney at Law | Michael P. Vollandt
    In California a superior wage earning can be ordered to pay some of the other side's attorney fees and fees. FC Code 2030. You have to file a RFO to do it. It does not happen automatically.
    Answer Applies to: California
    Replied: 10/24/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    How long have you been married?
    Answer Applies to: Michigan
    Replied: 6/26/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    You should file for divorce immediately and set a hearing for spousal support and attorney fees. If he earns more, he should pay support and contribute towards your attorney fees. The longer you wait, the longer it will take you to get to court, particularly with the budget cuts that are making it slower and more expensive. Chances are they may increase filing fees again depending on the election and budget shortfalls, so do not wait. Opinion only, not legal advice.
    Answer Applies to: California
    Replied: 10/24/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    It is possible.
    Answer Applies to: Michigan
    Replied: 6/26/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    You certainly have the right to ask the court to order him to pay part or all of your attorney fees and court costs. Whether he would be ordered to pay alimony would depend on a number of factors, including length of marriage, respective incomes, standard of living during the marriage, etc.
    Answer Applies to: Florida
    Replied: 10/24/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Need more details but it does appear you have an argument. You should get aggressive counsel.
    Answer Applies to: Michigan
    Replied: 10/24/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    While your divorce lawyer can certainly ask for attorney fees, no one can predict what a court will order. But we recommend that you consult with a divorce attorney ASAP about all your rights and options, and that you discuss the potential impact of adultery, if evidence exists about it. Good luck.
    Answer Applies to: Georgia
    Replied: 10/24/2012
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