Legal Question in Family Law in Massachusetts

Re: Who Pays for the Divorce?

Each side would pay for their own attorney. If he filed, he paid the filing fee. His attorney likely will draft a separation agreement, but I strongly recommend that you review such with an attorney. Also, if your husband has all the funds, you could petition the court to request that he pay for sure counsel as well.

Re: Who Pays for the Divorce?

You can seek a "fee advance" by motion. However, this is an advance on your ultimate distribution of marital property. I would be happy to consult with you on this basis if you are in the Eastern part of the state.

A fee-shifting order will occur only at the end of the case, and only if the other side behaved very badly in litigation.

Greg Lee

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Re: Who Pays for the Divorce?

If your Husband has already filed the complaint, he has paid the fling fee & a retainer amount to his attorney to draft & file the complaint.

In your case, a long term marriage, he has all the earned income & you are without resources, the Court will grant a motion for you to receive sufficient funds to retain your own attorney. An attorney who represnts only your interests in this case is crucial as you are entitlled to a substantial alimony award (perhaps up to 42% of his gross income and, at a minimum, at least 50% of the assets in the marital estate.

I would be happy to discuss your rights with you in further detail if you wish to do so.

Regards,