Dont have a lawyer

[dadada]

What is the name of your state (only U.S. law)?

In in ny and without a divorce attorney. I make no income, while my wife made all of the income and owns all of the assets such as bank accounts and the money she received from selling the marital home. My motion for pretrial spousal support was denied by the judge because I didnt have a attorney present. I have a future court hearing and I might not be able to bring an attorney with me then either. I understand there is relief and legal reparation for the non income spouse but how am I supposed to have access to this relief and lawyers fees if I dont have an attorney to get this for me? Is it possible for my wife to simply get a default judgement against me and take all of the marital assets away simply because I am unable to have a lawyer present to represent me. I know legally, I can represent myself, but in practice, the judge wont take you seriously and will just have your petitions denied.

 

[Proserpina]

What is the name of your state (only U.S. law)?

In in ny and without a divorce attorney. I make no income, while my wife made all of the income and owns all of the assets such as bank accounts and the money she received from selling the marital home. My motion for pretrial spousal support was denied by the judge because I didnt have a attorney present. I have a future court hearing and I might not be able to bring an attorney with me then either. I understand there is relief and legal reparation for the non income spouse but how am I supposed to have access to this relief and lawyers fees if I dont have an attorney to get this for me? Is it possible for my wife to simply get a default judgement against me and take all of the marital assets away simply because I am unable to have a lawyer present to represent me. I know legally, I can represent myself, but in practice, the judge wont take you seriously and will just have your petitions denied.

It's honestly neither your wife's nor the State's problem that you don't have an attorney.

You really have two choices here.

1. Get a second job, third job, sell something, in order to afford an attorney.

2. Put in the work and learn the rules of the court, and all of that fun stuff.

(Incidentally it's not impossible to go pro se/pro per and win even if the other party has legal counsel - but you've gotta make the effort)

 

[dadada]

I guess the goal is simply to get people to pay money to rent attorneys. Those laws regarding marital rights seem to be pretty pointless since you need to have money to actually have them enforced.

 

[TheGeekess]

I guess the goal is simply to get people to pay money to rent attorneys. Those laws regarding marital rights seem to be pretty pointless since you need to have money to actually have them enforced.

http://www.nycourts.gov/divorce/forms.shtml

 

[Proserpina]

I guess the goal is simply to get people to pay money to rent attorneys. Those laws regarding marital rights seem to be pretty pointless since you need to have money to actually have them enforced.

Well, you can always look at it this way.

Would you rather have your neighbor Bob perform brain surgery on you, or would you rather have Dr Betty - who has gone through years of specialized training - do it instead?

 

[Ohiogal]

I guess the goal is simply to get people to pay money to rent attorneys. Those laws regarding marital rights seem to be pretty pointless since you need to have money to actually have them enforced.

I am an attorney and I am NOT for rent. I went to school for MANY years and learned all this to help people. Good grief. Maybe you shouldn't be paid either because that would be you being rented -- oh, wait a minute. What do you do? Oh nothing. Then do you rent the people who bag your groceries? Your doctors? Sorry but your attitude sucks.

 

[dadada]

This isnt brain surgery, its not even a science. I just need to have all of the assets and income information available to me and then have the judge evaluate how the marital property should be divided. A lawyer who better understands the process can could try to go after other things like division of licenses and diplomas and put together a more persuasive case. But you dont need a lawyer to get to the meat of the matter and just have things resolved. But I cant even get access to the most basic information because the judge just throws things out because you dont have an attorney present.

 

[Proserpina]

This isnt brain surgery, its not even a science. I just need to have all of the assets and income information available to me and then have the judge evaluate how the marital property should be divided. A lawyer who better understands the process can could try to go after other things like division of licenses and diplomas and put together a more persuasive case. But you dont need a lawyer to get to the meat of the matter and just have things resolved. But I cant even get access to the most basic information because the judge just throws things out because you dont have an attorney present.

No, the judge doesn't "just throw things out". The judge is likely throwing things out because there are errors all over the place.

If you do think it's so easy for someone to become an attorney, I absolutely welcome you to get your JD and start your own practice.

 

[TheGeekess]

This isnt brain surgery, its not even a science. I just need to have all of the assets and income information available to me and then have the judge evaluate how the marital property should be divided. A lawyer who better understands the process can could try to go after other things like division of licenses and diplomas and put together a more persuasive case. But you dont need a lawyer to get to the meat of the matter and just have things resolved. But I cant even get access to the most basic information because the judge just throws things out because you dont have an attorney present.

Alrighty then.

 

[dadada]

How hard is it to simply have the court order that all personal income information be sent to the other spouse. Its a simple request. But the court roadblocks the process because it isnt done the way the court wants it to be done. Further forcing the need to rent an attorney. This isnt justice, its just some legal industrial complex.

 

[Bali Hai]

This isnt brain surgery, its not even a science. I just need to have all of the assets and income information available to me and then have the judge evaluate how the marital property should be divided. A lawyer who better understands the process can could try to go after other things like division of licenses and diplomas and put together a more persuasive case. But you dont need a lawyer to get to the meat of the matter and just have things resolved. But I cant even get access to the most basic information because the judge just throws things out because you dont have an attorney present.

Get a lawyer and since you have no income and she does, the lawyer you get should petition the court for her to pay some or all of your attorney fees as well as alimony and an equitable division of marital assets.

 

[Ohiogal]

This isnt brain surgery, its not even a science. I just need to have all of the assets and income information available to me and then have the judge evaluate how the marital property should be divided. A lawyer who better understands the process can could try to go after other things like division of licenses and diplomas and put together a more persuasive case. But you dont need a lawyer to get to the meat of the matter and just have things resolved. But I cant even get access to the most basic information because the judge just throws things out because you dont have an attorney present.

Really? What is the term of the marriage? What are marital assets? What are separate assets? What is current caselaw in your district? Guess you need an attorney because you don't know how to get the information you desire. How do you get that information regarding assets? Income?

 

[Silverplum]

This isnt brain surgery, its not even a science. I just need to have all of the assets and income information available to me and then have the judge evaluate how the marital property should be divided. A lawyer who better understands the process can could try to go after other things like division of licenses and diplomas and put together a more persuasive case. But you dont need a lawyer to get to the meat of the matter and just have things resolved. But I cant even get access to the most basic information because the judge just throws things out because you dont have an attorney present.

If you had followed the link TheGeekess kindly provided, you would be on your way, lawyer-free.

Help yourself.

 

[Silverplum]

How hard is it to simply have the court order that all personal income information be sent to the other spouse. Its a simple request. But the court roadblocks the process because it isnt done the way the court wants it to be done. Further forcing the need to rent an attorney. This isnt justice, its just some legal industrial complex.

More complaining.

 

[dadada]

Im in the process of doing that. I was hoping to find additional information here. I have been to four other websites providing free legal representation in my county. None of them have been able to provide an attorney yet. Maybe they will be able to offer help later in the month.