Is my husband legally required to pay the divorce costs if he promised to? 3 Answers as of July 14, 2011

My Husband filed for Divorce to marry Homewrecker. Left me, and our children with nothing. Promised to pay Attorney Costs in Summons. But won't give me any money for Attorney. What can I do?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
I'm not sure what you mean: "Promised to pay Attorney costs in Summons" because the Summons is a form which has no place for such matters. I assume that you mean that he checked one of the boxes under item 7.e.on the Petition, under which he requested that the Court make orders for payment of attorney's fees by one or the other party. I assume that he is the Petitioner and you are the Respondent. You might re-check the Petition to see if he asked that the Court order that he, or that you, pay attorney's fees. If your husband earns a decent living, you may be able to find an attorney to either represent you on a Limited Scope basis to file a Divorce and an Order to Show Cause [OSC] for Attorney's Fees to thereafter fund full retention, or to represent youon a full retainer bais to file a Divorce an OSC for Child Custody, Child Support, Spousal Support, and Attorney's Fees, to enable you to be represented throughout the case. The Elkins Legislation that became effective January 1, 2011 encourages Courts to make attorney's fee orders early on, to level the playing field between divorcing parties with disparate incomes.
Answer Applies to: California
Replied: 7/14/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Unless there is a court order requiring the payment of support or attorney fees, husband has no legal obligation to furnish those funds. The best solution would be to file a motion asking for child support, spousal support and attorney fees.
Answer Applies to: California
Replied: 7/14/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
Unless you have an agreement in writing your husbands promise to pay for the costs of the divorce is about as valuable as his promise to be faithful to you when you were married-it isn't worth anything. You will have to go to court and ask the court to have him ordered to pay. Definitely you should contact an experienced family law firm to help you.
Answer Applies to: California
Replied: 7/13/2011
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