Can one of the agreements in the divorce be to pay my attorney fees? How? 11 Answers as of May 28, 2015

I want to get a divorce from my husband because he is an alcoholic and I do not feel safe at home with him (we also have two children ages 4 and 7). I want to get a divorce but I do not know if I can afford it. Would it be possible to have him pay for all the divorce proceedings if he is the reason we are getting divorced?

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Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Fault is not an operative consideration. Need, finances, and efficiency are. Meet with an attorney to review your situation for free.
Answer Applies to: California
Replied: 5/28/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Its possible.. However, this forum is not a good forum for this type of general question its hard to give a definite answer without more information.
Answer Applies to: Michigan
Replied: 5/28/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
In Wisconsin, wrongdoing by one spouse, with rare exceptions, does not affect the allocation of debt. If his earnings are much higher than yours, you can certainly ask the court to have him contribute to your attorney's bill. But don't count on it unless his behaviour in the litigation needlessly increases expenses in a big way. Find a good matrimonial lawyer. Good Luck.
Answer Applies to: Wisconsin
Replied: 5/28/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If he is the party with a greater economic resource, the court can order that he pay all or a portion of your attorneys fees. However, most experienced family law attorneys require an advance retainer to commence work. This is a time where you need to turn to family and friends and get the financial support that you need to proceed with your divorce.
Answer Applies to: California
Replied: 5/28/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You can request that he pay your attorney's fees, but it has nothing to do with who is at fault. ?California is a no fault state and the only factors the court considers regarding payment of attorney's fees is the ability to pay based on the financial circumstances of the parties.
Answer Applies to: California
Replied: 5/28/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can certainly ask for your husband to pay attorneys fees. But it is discretionary and up to the judge. The relative disparity in income is a big factor that the court takes into consideration when determining attorney's fees.
    Answer Applies to: Georgia
    Replied: 5/28/2015
    Diane l. Berger | Diane L. Berger
    At least in Nebraska the distribution of attorney fees is based on income. Nebraska is a no fault state.
    Answer Applies to: Nebraska
    Replied: 5/28/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Your attorney can try to negotiate that item. If unsuccessful, your attorney can request the Judge to award attorneys fees, BUT, you will have to pay your attorney first and hope to get reimbursed by your spouse later. No guarantee but if your attorney doesn't ask, your spouse can't say Yes. Good luck.
    Answer Applies to: Florida
    Replied: 5/28/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You can request that in your petition. Its merit will be decided on the facts of the case.
    Answer Applies to: Michigan
    Replied: 5/27/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    Only if he either agrees to it (unlikely) or the court orders it.
    Answer Applies to: Washington
    Replied: 5/27/2015
    Law Office of Robert E McCall | Robert McCall
    Payment of attorney/filing fees/court costs is a decision for the Judge. How long are you going to expose the children to this environment? Remember a contested divorce may take a year or longer.
    Answer Applies to: Florida
    Replied: 5/27/2015
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