Can I request my husband to pay for divorce? 32 Answers as of February 10, 2013

Married 15 years, can I request Alimony, and can I request he pay for the divorce?

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Thompson Law Firm, PLLC
Thompson Law Firm, PLLC | William Matthew Thompson
In MS you can request those things. It's up to the Court if you get them.
Answer Applies to: Mississippi
Replied: 2/10/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes and yes. It is not uncommon, in fact it is routine to ask the other side to pay your attorney. The other side seldom agrees, and the Court's will only order it if there is justification. As for "alimony" I should first and foremost tell you DON'T CALL IT THAT. "ALIMONY" is unconstitutional in Texas. But, we he have "Temporary Spousal Maintenance". Almost the same thing, but we just don't use the "A" word, and unlike "alimony" Temporary Spousal Support is "Temporary". It is difficult to get and it is limited in time and value. So, if your plan is to divorce and get alimony for life you need to change your way of thinking. We don't do that in Texas. But the bright side is you qualify to ask for it. If you are married less than 10 years, you don't even get to ask unless you can show first you are a victim of spousal abuse (and for the record, mental or emotional abuse does not count, it has to be credible evidence of physical abuse).
Answer Applies to: Texas
Replied: 2/8/2013
Fran Brochstein
Fran Brochstein | Fran Brochstein
You can request anything. Now getting him to pay it is the difficult part. Please hire an experienced family law attorney.
Answer Applies to: Texas
Replied: 2/7/2013
Ankerholz and Smith
Ankerholz and Smith | Rian F. Ankerholz
You may request that your spouse pay for the divorce. The general attitude of Kansas judges regarding payment of attorney fees and costs varies from county to county. Some judges feel it is appropriate for the spouse with the higher income to pay a greater share of the divorce expenses. Other judges feel that divorce costs will unnecessarily increase if a person believes the other spouse will have to pay those expenses. There is no drawback to at least asking for the expenses to be paid by the other side.
Answer Applies to: Kansas
Replied: 2/7/2013
Reger Rizzo & Darnall LLP | Kathleen DeLacy
You can request both, but not sure if you will get him to pay for divorce.
Answer Applies to: Delaware
Replied: 2/7/2013
    Karen Sampson Rodgers, LLC, Attorneys at Law | Karen Sampson Rodgers
    Yes, you can request your husband to pay for the divorce, but it is up to the Court to decide whether the same will be honored. Also, your husband and yourself, may come to a mutual agreement where he agrees to pay for the divorce.
    Answer Applies to: Alabama
    Replied: 2/7/2013
    Kalil & Eisenhut, LLC | Michael N. Kalil
    You can request anything. Who pays some or all of the divorce depends on many factors. If one of you has an income significantly more than the other, then the likelihood of the bigger bread winner contributing to the other's legal fees goes up. This is not an absolute as the Court will also take into account what assets and debts are being divided up as part of equitable distribution. Further, my experience is that all judges don't look at contribution towards legal fees the same way. There are very few absolutes.
    Answer Applies to: New York
    Replied: 2/7/2013
    Henry Lebensbaum | Henry Lebensbaum
    Yes. You should consult an attorney.
    Answer Applies to: Massachusetts
    Replied: 2/6/2013
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    yes that is negotiable between the Parties by agreement or can be awarded when the other party does not comply with the legal process.
    Answer Applies to: Georgia
    Replied: 2/6/2013
    The Houser Law Firm, P.C.
    The Houser Law Firm, P.C. | A. Bowden Houser
    Well, sure you can request it. The real question is whether you will get it or not.
    Answer Applies to: North Carolina
    Replied: 2/6/2013
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    You can request spousal support and attorney fees. Consult with an attorney to discuss this case further.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    Law Offices of Frances Headley | Frances Headley
    You can certainly request support as yours is considered a long term marriage. Under certain circumstances, the court will order one party to pay the other parties fees. You should consult a family law attorney to review all of the relevant facts and advise you.
    Answer Applies to: California
    Replied: 2/6/2013
    John Russo | John Russo
    You can request just about anything you want, does not mean you will get it though.
    Answer Applies to: Rhode Island
    Replied: 2/6/2013
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    After 15 years of marriage, yes, you can request maintenance, formerly known as alimony. As for your attorney's fees, depending on certain factors, you may be able to request that he pay your attorney's fees, however, you are responsible for said fees, and if you can get them back from your husband through the divorce then most likely your attorney will refund you said fees, but again, you are responsible for the fees in the onset of your divorce.
    Answer Applies to: Illinois
    Replied: 2/6/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Yes you can ask the court to order your husband to pay for your attorney fees and cost (that's if he earns more than you do).
    Answer Applies to: California
    Replied: 2/6/2013
    Kirigin Law Firm, Chtd. | Kristina C. Kirigin
    In a Nevada divorce action, you can request attorney's fees. However, the Court will determine whether attorney's fees should be awarded based upon several factors including whether you need fees to survive during the action. Alimony in Nevada does not have a set formula and is based on how long you have been married, the age, health and education level of both parties and additional factors. You should consult an attorney to find out if you have a good case for alimony.
    Answer Applies to: Nevada
    Replied: 2/6/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You can ask. It will be up to the judge as to whether that happens.
    Answer Applies to: Idaho
    Replied: 2/6/2013
    Law Offices of Wendy LC Fountain,  A PC
    Law Offices of Wendy LC Fountain, A PC | Wendy L Christensen Fountain
    California law at Family Code 4320 provides for the conditions and elements considered by the court in ordering any spousal support (alimony). If your husband has been the financial provider in your home then there is likely an order to be made for spousal support and possibly contribution for attorney fees. So you will need to file a Request for Order to have a hearing set that the court can review the facts in your case to determine if payment of spousal support and attorney fees are appropriate for your family.
    Answer Applies to: California
    Replied: 2/6/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    I can't answer your question without knowing more about your situation, including each of the parties' incomes and expenses. Although you can ask the court to order that he reimburse you for the legal fees you pay for the divorce, this is not ordered very often, and you would still be responsible to pay your own legal fees in the meantime. I recommend you consult with an attorney to discuss this matter in greater detail.
    Answer Applies to: Arizona
    Replied: 2/6/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    In Nevada, a court can make any interim orders (including exclusive possession of the marital residence) during the pendency of the divorce, including (a) to provide temporary maintenance for the other party; (b) to provide temporary support for children of the parties; (c) to enable the other party to carry on or defend such suit; or (d) dividing and awarding property of the parties, or either of them, which it may deem necessary or desirable to accomplish the purposes of this section. NRS 125.040.
    Answer Applies to: Nevada
    Replied: 2/6/2013
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    Yes. You may request both alimony and that your husband pay the costs of the divorce, including your attorney fees.
    Answer Applies to: Utah
    Replied: 2/6/2013
    Robert Kubler | Robert Kubler
    You can always ask for it, whether you get it is another issue.
    Answer Applies to: California
    Replied: 2/6/2013
    Peyton and Associates | Barbara Peyton
    Who pays the filing and attorney fees depends on the income of both parties. I suggest you meet with an attorney in your county to see what help you can get with the cost of a case.
    Answer Applies to: California
    Replied: 2/6/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yes. Depending on what State in the USA you live in, you will get different results.
    Answer Applies to: New Jersey
    Replied: 2/6/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    You certainly are free to request both alimony and attorney fees, but whether it is awarded will largely depend on what the financial circumstances are of you and your husband. In New York State, attorney fees are typically only awarded to the "less monied spouse" which means the spouse that makes less than the other would have the claim for attorney fees. So if your income is higher than your husband then you will probably not have a right to be awarded attorney fees.
    Answer Applies to: New York
    Replied: 2/6/2013
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