Legal Question in Family Law in Florida

I am planning to get divorced in a few months, married 14 years, 2 minor children. My husband makes 35K base and about 5k in commissions. I work part time and make only 12K gross a year but then about 5K is taken away pre-tax for insurance premiums. When I file how do I get my husband pay for my legal expenses? DO I have to pay the attorney first and then get reimbursed and how is it decided who pays for legal divorce/child custody matters expenses when wife (me) makes substantially less money. Please advise.

Asked on 9/17/09, 6:29 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

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I don't know of any lawyers that don't ask for their money up front then reimburse you later from what gets awarded to you from the other side, but it's not illegal for the attorney to wait until fees are awarded from your husband. You may find an attorney who'll wait, but I think it's very unlikely.

To get attorneys' fees from your husband, you have to prove:

1) You can't afford attorneys' fees, even once you get a full time job, which you'll have to do soon. That's just part of being divorced.

2) Your husband can afford your attorneys' fees.

Number 2 is the tough part. He doesn't make much, so you'll have to find a cheap lawyer. If he gets an expensive lawyer, file a motion for attorneys' fees and, at the hearing, ask him how much he paid for his lawyer. (You can even ask his lawyer for copies of payments, bills, the contract, etc., before the hearing.) Then, when he says how much he paid, tell the judge that's how much you want.

Answered on 9/17/09, 10:04 pm

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