Who pays for my attorney fees, I can't!

[shirleyjean38]

I want to contest my divorce if my husband files. We have been married over 19 years and I know that we can make our marriage work if he gives me the chance to prove to him that it is not to late. How do I contest it and since I am a housewife with one child still at home, and have no income or anything to my name? Do I have to get a lawyer and can I make him pay for it?

 

[kat1963]

You can try Hon, but it's really up to the judge. If he/she finds more fault with your husband then yourself (adultry perhaps), you might stand a chance of getting the fees paid, or a partial at least..but that is not often. Consult with lawyers in your area, most are likely free or very low cost for the first 30 minutes or so, please go see what he/she has to say about your case. Contact your state bar for a referral. My ex tied me up for 2 years contesting the divorce that he started...said he had mental health issues...he didn't have to pay a dime of my attorney's fees and I finally got my divorce after my lawyer prayed to the court for relief (in MD divorce is one year).
Good Luck!
KAT

 

[dorenephilpot]

Generally, you can delay a divorce but you cannot stop it.

If he wants to divorce you, it will happen. Maybe later rather than sooner, but the court will eventually dissolve the marriage.

If you have been a housewife for that many years and don't have any significant job skills or training, you might be eligible for spousal maintenance, in addition to child support.

Under those circumstances, he might also be ordered to pay for your attorney -- or at least help out with the expenses.

Generally, however, you have to come up with something to pay a lawyer up front (which is called a retainer), and then if your husband is ordered to pay your fees, you would be reimbursed when the does pay the money.