Psychopath and Narcissist Survivors Support Group

When You Can't Afford a Lawyer
Sherrie Bennett

If you can't afford a lawyer to represent you in court or during negotiations, don't give up. You're hardly alone.

In many communities, for example, more than 60 percent of divorce cases filed involve at least one side without a lawyer. Many find that when they most need a lawyer are exactly the times when they can least afford one during divorce, injury, illness, job loss or the death of a loved one.

There are, however, some options for finding free or inexpensive legal help.
Federally Funded Programs

There is a national network of legal services offices receiving federal funds to provide free legal help in civil (not criminal) cases to low-income people. Services are generally provided by staff attorneys and sometimes paralegals with experience in certain areas, such as divorce, landlord-tenant problems, subsidized housing, public assistance, Social Security and unemployment.

A legal services lawyer may also be able to point you toward nonlegal help such as temporary housing, domestic violence shelters and food banks. Most legal services offices set an income limit to qualify for their services. Some programs also consider all your assets, regardless of how much money you're making. Check your local phone directory under "legal services" or "legal aid."
Pro Bono Programs

Many state, local and county bar associations have "pro bono" ("for the good" in Latin) programs manned by local attorneys who've agreed to provide free legal representation to those who qualify, either because of income or circumstances, such as AIDS, a battering husband, being over 65, etc. As with legal services offices, you may have to prove your income level as well as the value of your assets.
Self-Help Clinics

Some local and county bar associations put on free self-help clinics, where volunteer lawyers answer questions and help with forms. These often occur weekly or monthly. You may get to talk with an attorney individually, or you may be part of a large group, asking questions within earshot of others.
Courthouse Facilitators

Increasingly, county courthouses have facilitators to help people process their legal claims. Check with your local bar association or courthouse to see what's available. At a minimum, a courthouse facilitator can help you figure out where you should file your paperwork and walk you through the process of getting your paperwork to the right people within the court system.
Public Defender Organizations

All states have networks of criminal public defenders who provide free or low-cost legal help to defendants in criminal cases. People have to meet income eligibility requirements, so must document their income (or lack thereof).
Low-Cost Legal Programs

More and more programs are available for people who earn too much to qualify for legal services or pro bono programs, but don't make enough to hire an attorney at traditional rates. If you fall in this category, which a lot of us do, there are telephone hotlines that charge by the minute and sliding-fee programs to get you the advice and representation you need at the lowest price possible.
What To Expect

Don't be put off by run-down furniture or a casually dressed attorney who looks young enough to be your kid brother. Remember that the limited money available to fund these programs goes directly to office supplies and other overhead.

The lawyer you see may have an astoundingly large caseload or may be helping low-income clients in addition to his regular paying clients, so be patient if you have to wait to see him or if he doesn't return your calls right away.

It's helpful to write down a chronology of events of your case and also provide the attorney with copies of everything related to your case contracts, receipts, bills, whatever. When talking with the legal services lawyer, keep your description of the problem to the facts and don't wander onto tangents.

And don't fret that a lawyer might look down on you just because you're broke. Chances are, he has a family member or friend in the same situation, or has even experienced financial woes himself.

Related Resources on lawyers.com

- Find an attorney by area of law
- Community Message Boards for more help

Web links:

- Legal Services Corporation
- Legal Services/Pro Bono from the National Center for State Courts
- Legal Help for Modest Income People
- Public Defender Offices

I Can't Afford A Divorce

Many people feel that they simply can't afford a divorce because they don't have any savings and can't afford to hire a lawyer. There are ways to get a divorce, even if your funds are limited, as explained by the legal expert below:

* He controls all the money. What can I do?
* Is there anyway to get a divorce for free?
* Is there such a thing as a hardship divorce?
* I can't afford a lawyer, but I don't qualify for legal aid.
* Can I take money out of our joint account?
* Can I sell marital property to pay for the lawyer?
* Can I sell some of my own things to pay for the divorce?
* Can I get a joint credit card to help pay bills?
* Help! He's dragging this out and I'm broke.
* His lawyer won't send me the final papers until he's paid.



Topic: He controls all the money. What can I do?

Erin's Question: I have been married for 13 years, and am the mother of 4 kids under 12. I have no money and my financial situation has been controlled and destroyed by my husband for many years. Please let me know what I can do, or where I can go.

Brette's Answer: There are a few ways to approach this. You can go see an attorney for a free consultation, then work out how you will find the money to pay for representation. You may be able to have attorney's fees paid by your husband. You can also call your local bar association and ask what free legal services are available in your area. Another option is to start custody and support proceedings in family court yourself without an attorney. This will allow you to receive some money on a regular basis from your spouse while you determine how you will file for a divorce. A third choice is to find out if your state has a self-help packet for divorce you could do on your own. Good luck. » Return to top

Topic: Are there any services that offer free divorces?

Alexis' Question: After being married for three years to an abusive man, I moved out. He owned everything, and I am left with no money or job and living with my parents again. Is there any services that offer free divorces?

Brette's Answer: Call your local bar association and ask them to refer you to a low cost or no cost legal services program in your area. You could also obtain the pro se (which means "representing yourself") packet from your court and handle the divorce yourself. This works best if you are able to agree on how to divide your assets and debts. » Return to top

Is there such a thing as a hardship divorce?

Brooke's Question: My husband and I separated several years ago and he is now incarcerated. I need to obtain a divorce, but have no money to pay a lawyer. Is there such a thing as a hardship divorce since he is incarcerated?

Brette's Answer: You can represent yourself. If you cannot afford court fees, there are forms you can complete to get those waived. Talk to the county clerk. Good luck.

I can't afford a lawyer and I don't qualify for legal aid.

Gloria's Question: I am 55 years old, disabled, and need a lawyer for a divorce. The problem is I can't afford a lawyer and legal aid can't help. I have been trying to find a Pro Bono lawyer in my area but haven't been able to. Is there help for women who can't afford a lawyer?

Brette's Answer: I am so sorry to hear about your situation and unfortunately it is a common one. There are many, many, many people who do not have the resources to pay an attorney yet do not qualify for legal aid. Call your local or state bar association and ask if there is a volunteer lawyer program in your area. It is very common for attorney to donate a certain amount of their time to a local agency such as this and provide services for those who cannot afford them. If no such program exists, find out who the chair of the matrimonial or family law committee is on the local or state bar and call him or her up and ask if there are any local attorneys available to help people in your kind of situation. If all else fails, you may be able to find someone who can help you work out a payment plan. » Return to top

Can I take money out of a joint account before I move out?

Kathy's Question: I want a divorce from my husband, but I have no income. My husband and I have money in the bank. Can I legally withdraw one half of the balance before I move out? He's going to fight me on the divorce and this is the only way I know to get the money for legal fees.

Brette's Answer: It is generally considered acceptable to withdraw half of the funds in a joint account when separating. Good luck. » Return to top

Selling Property Before Filing For Divorce

Shannon's Question: My husband and I are separated. Can I sell assets, since there has been no divorce filed for? Everything we own is in my name, but acquired during the marriage. Before I file for divorce, can I sell any of these assets to pay for the attorney?

Brette's Answer: Anything you sell would be a marital asset and subject to division. Your attorney would advise you first that you shouldn't sell anything until you have some kind of agreement, and that if you do, you should put the money into a bank account where you don't touch it during the proceedings. However, if you have no other way to pay for an attorney, it would be reasonable to use your portion of those assets to pay for one. » Return to top

Selling Personal Property Before Filing For Divorce

Heather's Question: We have not filed for divorce yet. But I need some money to pay for the proceedings. Can I take my guns from the house to sell them for the money?

Brette's Answer: If this is your separate property that you owned before marriage, absolutely. If it was acquired during marriage, it is a marital asset. That doesn't mean you can't sell it, but it does mean that it is likely the value of the items would be deducted from your portion of the remaining property as it is distributed.

Should I get a joint credit card to help pay bills?

Leigh's Question: My husband has financially cut me off, and my sister told me that I should take a credit card out in both of our names so that I can pay for my expenses. I feel this is wrong, but I also feel that he has left me no other choice. How will this look if he takes me to court, and what other options do I have?

Brette's Answer: You can go to court and get temporary spousal and child support which will help you pay your bills. It's also likely the court will order your husband to pay your legal bills. I would not recommend doing anything fraudulent or illegal. Applying for credit in his name would be. » Return to top

Topic: How To Survive When A Divorce Goes On Forever

Betty's Question: I am 62 and going through a divorce for over a year now. When it started, I had no money because he controlled the finances and I had to use a pro bono lawyer. As it stands, I am living on $430 a month, while he takes trips to Hawaii and buys a new car. His attorney keeps postponing the court date, and I'm having a hard time surviving. Is there anything I can do to get this to change?

Brette's Answer: Your attorney should seek an emergency temporary order of spousal support. There is no excuse for this and you should ask that it be done immediately. Good luck. » Return to top

His lawyer won't send me the papers to sign until he's paid.

Kristen's Question: Our split was a mutual decision and we have no children or assets together, so we had originally planned simply to file paperwork down at the courthouse without lawyers. After meeting someone and getting engaged, my ex felt that hiring a lawyer to handle it would be more efficient than doing it ourselves. Seven months later, he is refusing to pay his lawyer, and his lawyer has said that he won't send me any final papers to sign until he's paid. I really don't want to get stuck paying an $800 bill. Do I have any recourse?

Brette's Answer: You're not responsible for paying his attorney, he is. You can go to the courthouse and find out where the case is at and handle it yourself from this point on.

Related Articles:
Preparing For A Divorce
How To Save On the Cost of a Divorce
Also see:
More questions and answers
Ask the Legal Expert a question

Brette Sember is a former family and matrimonial attorney and mediator, nationally recognized expert, and author of many books including The Divorce Organizer & Planner, No-Fight Divorce, and How To Parent With Your Ex. For more information about Brette, see www.BretteSember.com.

This column provides general information about the various aspects of divorce. It is not intended to take the place of legal counsel and should not be considered personal legal advice. For specific recommendations concerning your situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice.

Divorce Process / Children and Divorce/ Emotions and Divorce
Starting Over / Financial Survival / Relationships

Attorney's Fees In Divorce Lawyers

Legal Topics > Family > Husband and Wife > Divorce

Divorce can be a very draining and difficult process, both emotionally and financially. Fortunately, for dependent spouses there may be opportunity to recover for attorney's fees in a divorce proceeding.
Are Attorney's Fees Automatically Awarded Upon Final Judgment?
In general, a final judgment in a divorce does not necessarily mean that a dependent spouse will be awarded attorney's fees. Typically, the ability to recover attorney's fees is left to the discretion of the court in which the divorce was made final. In some states, statutes may award attorney's fees whether or not judgment was entered on behalf of the spouse or not.
What If I Can't Afford An Attorney's Services?

There may be instances where you may be unable to await final judgment because you cannot afford an attorney during the divorce proceedings. Know, that in these cirumstances, the law likes to enable each party to have access to legal representation in order preserve all of his/her rights. Thus, the court may award money necessary for one spouse to maintain a divorce proceeding, including attorney's fees.

The power of a court to award money may be dependent upon statute or may rest with the court regardless of statutory allowances. Again, however, the ability to receive money to file for divorce and pay for an attorney will be left to the discretion of the court in which the divorce was brought unless otherwise specified in a statute.
What Does The Court Use To Determine Whether Or Not Attorney's Fees Should Be Awarded?
Unlike other civil cases where attorney's fees may be awarded to the prevailing party, in divorce proceedings the attorney's fees are usually awarded to the party in greater economic need. In determining whether money should be provided, courts have applied these factors:

* whether the spouse is financially unable to pay the fees necessarily to be incurred
* whether the independent spouse has the financial means and ability to pay
* whether the action would be bitterly contested and would thereby likely create a great deal of preparation

Should I Seek An Attorney?

If you can afford an attorney and need to file for divorce, it is unlikely the court will make the other spouse pay for your attorney fees. However, if you need to file for divorce but can't afford an attorney, you may be able to hire the attorney you want and have the other spouse pay for him/her. Talk to a good family law attorney about your options.
Consult a Lawyer - Click Here to Present Your Case Now!

Related Articles:
• Community Property State Divorce
• Divorce
• Spousal Support or Alimony
• Equitable Distribution State Divorce
• Alimony Collection Lawyers
• Do's and Don'ts of Divorce
Related Forums:
• Family Law Forum
Related Blogs:
• Family Law Blog

Courts take serious their responsibility to protect children. A parent who neglects or abuses a child is almost always seen as unfit to have custody and may even be limited or restricted in visiting with the child.

Child Custody

Any behavior that is detrimental to the health or welfare of the child by those seeking custody, will be given great weight by the court. Neglect of the physical needs of the child, such as insufficient food, medical care, and hygiene, could determine the custody award. Serious consideration is given to instances of child and spousal abuse. When there are allegations of abuse, whether physical, sexual, or emotional, a child welfare agency may intervene, and where severe, there is the possibility of criminal action.

Child Visitation

While courts seek to promote the relationship between parent and child, they do recognize that some situations require limiting, restricting, supervising, or denying visitation.

If a parent has abused or threatened to abuse a child, a court may limit the amount of visitation or restrict it, by curtailing the number of hours of visitation, barring overnight visits, imposing conditions, such as no alcohol, or requiring the presence of a third-party during periods of visitation. The amount and quality of the restrictions may reflect or be proportional to the severity of the abuse. Illicit sexual conduct and domestic violence are seen as actions detrimental to the child.

Evidence of Abuse

Relatives, neighbors, and others who have witnessed abusive acts many give oral testimony of what they have observed. Medical records may also be presented. Evidence of domestic violence, directed at the other parent or siblings may also be introduced where there is a pattern of behavior or lack of remorse.

There must be real evidence of abuse before a court should act. When restriction of visitation is desired as a result of a fear that is not supported by the evidence, courts should not impose restraints. For example, a few courts have addressed the question of whether a parent diagnosed with Acquired Immune Deficiency Syndrome (AIDS) may be denied visitation. Based upon the expert medical evidence regarding the transmissibility of the disease, these courts have held that being infected with HIV or AIDS was not a sufficient basis for curtailing visitation.

Emotional Harm

In looking out for the health and welfare of a child, courts look at the emotional health of the child as well as the physical well being. If actions of a parent could emotionally harm a child, custody is at risk. If the actions of the noncustodial parent endangers the child's emotional health, restrictions or third-party supervision may be imposed, although most courts are averse to denying visitation altogether. Courts have ordered supervised or limited visitation where a parent has shown great anger or hostility in the presence of the child. Counseling could be ordered as a condition of visitation.

Evidence of emotional harm may include bedwetting, stuttering, or atypical home or school behavior. Emotional harm is not limited to actions arising out of anger, but may result from inappropriate behavior in response to problems, such as bedwetting or stuttering. True hostility between a parent and child could also evidence emotional harm. Supporting testimony of an expert, counselor, or teacher on the child's mental health may be necessary to establish the potential harm.

It should be noted that if the custodial parent promotes or brings about the conflict between the noncustodial parent and the child, in order to deny or restrict the noncustodial; parent's visitation rights, courts will proceed with caution. In such situations, visitation will not be denied, but family counseling may be ordered.

Related Resources on Lawyers.comsm
- Types of Child Custody
- Types of Joint Custody Arrangements
- Regaining or Changing Custody
- Child Custody articles and information
- Find a Child Custody attorney near you
- Visit our Child Custody Message Board for more help

Related Web Links
- State Specific Domestic Relations and Family Codes Websites