Is my husband obligated to pay for my attorney if I can't afford one? 12 Answers as of December 04, 2013

I filed the petition for divorce myself, but I do not have legal representation as I cannot afford it. The legal aid service for low income cannot qualify me based on his income; however, being that he's a USPS employee, he has access to free legal representation through our divorce as part of his benefits package. This will make it unfair as I would have to handle everything on my own and he'll have an unfair advantage over me. Is he obligated to arrange legal representation for me as well?

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Law Offices of Frances Headley | Frances Headley
You can request attorneys fees to assist you in obtaining counsel. You should consult a family law attorney or facilitator to assist you with the proper motion.
Answer Applies to: California
Replied: 12/4/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
He will only be obligated to pay your attorney fees if the judge thinks it is appropriate. You need to contact a local family law attorney. He or she will have a better idea if they think they can get the judge to order your husband to pay.
Answer Applies to: Idaho
Replied: 12/2/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The court might make a determination that you're entitled to being reimbursed for attorney fees you expend on hiring your own attorney. Please meet with an experienced family law attorney to discuss your legal options.
Answer Applies to: California
Replied: 12/2/2013
Law Office of Robert E McCall | Robert McCall
Fees for an attorney are at the discretion of the Judge.
Answer Applies to: Florida
Replied: 12/2/2013
Provda Law Firm
Provda Law Firm | Bruce Provda
You should discuss this with an attorney in your, but it is likely that he might be ordered to pay your attorney if you have no income.
Answer Applies to: New York
Replied: 12/2/2013
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    You can hire an attorney with the understanding between you and your attorney that your attorney will collect his/her fee from your husband.
    Answer Applies to: Florida
    Replied: 12/2/2013
    John Russo | John Russo
    No, why is that unfair? I am sure if you had the benefit package he has you would not feel obligated to pay for his counsel, you can rationalize anything does not mean it's correct. Ask the court for advancement against equitable distribution for counsel.
    Answer Applies to: Rhode Island
    Replied: 12/2/2013
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    No. Nor does he have free representation.
    Answer Applies to: Washington
    Replied: 12/2/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    You will have to arrange for your own legal representation. However the laws of NJ provide that the monied spouse may be responsible for some (or all) of the non-monied spouses legal representation. Any attorney you consult will tell you what can be done, but do not be surprised if they request a retainer amount up front.
    Answer Applies to: New Jersey
    Replied: 12/2/2013
    The Law office of Karla M Mansur
    The Law office of Karla M Mansur | Karla Mansur
    He is not obligated to pay your fees, but you can file a motion asking the court to give you money to litigate the matter.
    Answer Applies to: Massachusetts
    Replied: 12/2/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You can hire an attorney and seek assistance, or full payment, in a petition to the Court.
    Answer Applies to: Michigan
    Replied: 12/2/2013
    Catchick Law, PC
    Catchick Law, PC | Matt Catchick
    In Michigan, to be awarded attorney fees in a divorce action, you must prove: 1) that you do not have an ability to pay for a lawyer; and 2) that he has the ability to pay for your lawyer.
    Answer Applies to: Michigan
    Replied: 12/2/2013
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