cant afford a lawyer

What is the name of your state? florida

Hi,

I am unemployed and want to get a divorce. But I cant afford a lawyer or the fees to file. What do I do?

Some points to ponder

I suppose many things would depend on your present situation. Is the other party aware that this is your desire? Would this party have money to fight you tooth and nail should you file something on your own? Are there children involved? If so, I believe legal aid might be able to help you. Also, check with your local court house and see if they have a "Family Law Self Help Center" - they are not lawyers but help you to process the forms necessary to go through court pro se (on your own). If you stand to lose a lot of property or money I would suggest waiting as suggested until you have enough money to raise a fair "fight". If you believe your "other" would be amenable to the divorce then you could fill out the forms yourselves and file everything through the court and be done with it. Don't fool yourself however - many divorces become quite volatile due to hurt feelings and such and likely will require some help sorting out.

legal help

The divorce is amicable. No children they are all grown. But you have given me my answer and thank you.

If there is community propety to be divided and their is equity to be taken from the marriage, you may be able to find a lawyer who will take your case contingent on payment from the community property division.

lsut1ger said:

If there is community propety to be divided and their is equity to be taken from the marriage, you may be able to find a lawyer who will take your case contingent on payment from the community property division.

Click to expand...

My response:

There's only one problem with that line of thought, lsut1ger. Florida isn't a Community Property State. It's an "Equitable Division" State. And, without any facts from our writer, it is theoretically possible that she's not entitled to any of the property with which to pay an attorney. This is, of course, assuming that ANY attorney would even agree to such a payment plan - - I know I wouldn't.

IAAL

Thank you IAAL....I still haven't gotten the CP states list memorized yet.

The firm I work for occasionally (big emphasis on occasionally) takes cases like this...however at a higher fee than is normally charged...

more detail

OK the issue is....we have been separated for over a year. Florida does not do legal separation. The house is in my name only. I let him live there with the agreement that he would make the mortgage payments and I would pay the other bills.
I have been paying the other bills and he did not pay the mortgage payments. So now the house is going into foreclosure. I am moving back into the house to try and save it and he is moving out (with the words: HAVE FUN)!!
Apparently he did this all on purpose. But this requires me to move to a new town with no job. I really need to file for divorce, file chapter 13 and get a job. Not in that order. I am afraid he will sell everything in the house prior to me moving back in it. If he does that can he be in trouble? Also if I move back there and he WON'T get out, can I force him?
The mortgage is in my name only. The deed is in both.
I do not know how long I have until they give me a letter for a sherrif's sale on the house. Payments are 4 months behind and I dont know what the Florida timeline is on foreclosure.
It's a mess. Why do people have to be so vindictive? Its awful and unchristian.
Thanks for all the help you all are giving me. It is truly helping.

"I do not know how long I have until they give me a letter for a sherrif's sale on the house. Payments are 4 months behind and I dont know what the Florida timeline is on foreclosure."

This may sound like a stupid question, but have you called the mortgage company to see if you can work something out with them?

No that is not a stupid question. Im sorry I didn't mention that. I called them and they do NOT have a loss mitigation dept and they do NOT defer payments so they want this 2500 dollars by 11/3 to keep from foreclosure. There is no way I can get that kind of money. Even if I started working today.
Thanks for your response.