Legal Question in Family Law in New York
He is using up my funds
My ex and I are at the end of a bitter divorce that has gone on for two years. I've already spent $80,000 on legal fees. I am out of money. Yet, he and his attorney keep finding reasons to drag it on, more court appearances and more money. How do I put an end to this?
2 Answers from Attorneys
Re: He is using up my funds
In addition to the points made by Mr. O'Donnell, you do have the right to petition the court that your soon-to-be ex should pay your legal fees. The court may not, but if the judge feels they are extending the matter unnecessarily and that your funds are exhausted, then the judge will make an order for your ex to pay for your lawyer.
Re: He is using up my funds
Unfortunately, you may not have many viable options. One option, of course, is to settle the matter, which may only be available if you are the plaintiff. However, settlement can be very risky because you may be forced to give up more than you should.
Litigants often prolong an action because they are trying to wear the other side down in order to get a more favorable settlement.
There are also many divorce attorneys who drag things out to maximize their fees. They convince their clients that there is more worth fighting for. In many cases this is not true. This type of attorney may be representing you or your ex-spouse or both. Needless to say, this makes it difficult to resolve an action expeditiously.
Keep in mind that your ex-spouse's fees keep accumulating as well--unless your ex-spouse has some deal worked out with his attorney.
It is important that you have an attorney who you feel comfortable with. It is up to them to do what they can to resolve the matter in an efficient, but effective manner.
Best of luck.
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