Legal Question in Family Law in Pennsylvania
no money
My husband served me with divorce papers and I cannot afford an attorney because I have been a stay home for 14 years, what am I to do?
2 Answers from Attorneys
Re: no money
You are not alone--many women who have been working at home caring for their children do not have resources to pay an attorney initially. You may have rights to spousal support, alimony, child support, property division and counsel fees that will help you to pay for a lawyer. I would recommend that you contact the bar association in the county where you live. You may also be able to find out more about your rights to child support and spousal support through the domestic relations division of your local court of common pleas. The telephone number for your local domestic relations division should be in listed in the county government listings of your local telephone book. That office can also give you information about how to file for support even if you do not have an attorney.
Re: no money
You asked about hiring an attorney for a pending divorce.
You misunderstand the laws of property and marriage: what's his is yours. In a marriage there really isn't a his and hers except in some few circumstances, such as an inheritance that is not commingled with marital assets or property that was owned before marriage and was kept separate throughout the marriage. Divorce isn't just the dissolution of the marriage but is also about settling the division of the marital estate.
From real and personal property to savings and investment accounts and even to his pension or retirement accounts. All are generally considered as part of the marital estate and all must be accounted for and divided separately. In some circumstances, ex-wives must be provided health insurance and other perquisites of a working spouse.
You go out and find an attorney. When you find one then that attorney can work on getting a court order that your husband will have to pay for your attorney in addition to his. The lawyer will likely also seek maintenance so that the husband pays you an amount while the proceedings are ongoing.
Do this quickly as assets often find a way of turning up missing during an inventory of the marital estate.Go out and find an attorney who will be aggressive for you. In a marriage over ten years you may be entitled to a generous portion of the marital estate.
Regards,
Roger