Legal Question in Family Law in Florida

divorce

my husband has hired an attorney for our divorce. He has the proposal, but has not yet filed. I would like to file first since I already know what is in his proposal. I have been told that I do not qualify for any free services or attorney's because my husband still pays all the household bills. I fdo not work. What should I do? I cannot afford an attorney because he will not give me the money.


Asked on 3/21/07, 3:03 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: divorce

If you can pay court costs (about $300) am sure you can find an attorney who will represent you and seek attorney fees from your husband. Good luck.

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Answered on 3/21/07, 3:09 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: divorce

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is no harm in letting your spouse file the Petition for Dissolution. Who files should not have any effect on the final result.

Alternatively, if you can find an attorney who will agree to wait until the Court makes an award of fees, then you might be able to get an attorney to represent you without any upfront monies although this may be difficult. Generally, if children are involved, the Court will make the party best able to afford the expense to pay for the attorney's fees if there is a disparity in income.

If you have no income, you can file an Affidavit of Indigency to avoid paying filing fees or fees to the sheriff for service of process.

Scott R. Jay, Esq.

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Answered on 3/21/07, 10:33 pm


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