Legal Question in Family Law in New Jersey
Who Pays For The Divorce?
I am permanently disabled in New Jersey, live on monthly disability checks and have sole custody of my 2 children. My wife and I have been separated for 1 1/2 years. After paying mortgage, taxes, bills and basic necessities, there is -$0- remaining each month. Now my wife is filing for a divorce. Is there any validity to the statement that if my wife ''forces'' me into filing for divorce, BUT I am financially ''unable'' to pay for a divorce proceeding, that she is responsible to pay my attorney fees? I'm hearing fees of $3,000+ here and there is NO WAY THAT I CAN EVEN COME CLOSE TO PAYING THAT!
1 Answer from Attorneys
Re: Who Pays For The Divorce?
In a divorce, the court has the discretion to award attorney's fees. This depends on many factors including the parties' financial circumstances. However, you would not be entitled to attorney's fees simply because your wife has initiated a divorce proceeding. The conduct of the parties plays a role--i.e. is your wife trying to use the legal process in an abusive fashion, knowing that you cannot afford much in the way of attorney's fees? Etc.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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