Legal Question in Family Law in Texas
My friend is married to an ex-pro football player for over 18 years now. He has maintained control of all finances and deals in cash only. In the past he kept her on a allowance system like a marital prostitute. She has spent most of her marriage in a very small two bedroom apartment (maybe 1000 sqft that he rarely stayed at), where she raised their only child of his many children conceived prior and during marriage . She is seeking a divorce which he will not grant her. She is not living with him and he provides no support to her currently and she is struggling. She has visited with several attorneys to pursue a divorce but they all want huge retainer fees because of what they determine to be his worth. She has no money. And no access to money. Any suggestions? She has even talked to pro bono attorneys who after they hear who her husband is, they then want to charge large fees. Are there attorneys that can ask the judge to have him pay the attorney fees? She is very desperate. Can an emergency order for temporary spousal support be drawn up by someone other than an attorney. If she can get the temporary support, she can then make payments on attorney fees and continue with the divorce proceedings. She's even talking about representing herself because she feels she has no other option. She will certainly lose out of what may be due to her if she does this. but, there seems to be no where to turn.
Please advise.
3 Answers from Attorneys
Yes, your friend can request attorney fees be paid directly by her husband to her attorney in a divorce case.
Texas is a community property state. Divorce fees are a community debt. If one party has sole control over the community assets, then the other party has the right to request fees come out of the community's assets for payment towards her attorney fees.
Requesting this assistance from the court can be done at the time that your friend files her Petition for Divorce. In so doing, she can request temporary orders on the payment of expenses (her living expenses, her attorney expenses, etc) during the period of time between when the divorce is filed and when it is eventually granted. Depending on what county she's in, a temporary orders hearing can be set within a couple of weeks.
Finally, it is unfortunate that the retainer quotes your friend has been given are so high that they are prohibitive. Oftentimes, attorneys will accept credit card payments for the monthly balances due instead of needing a huge amount of money up front via a retainer. That might be the way to go until your friend can get access to the community funds to pay her attorney (and her other living expenses).
Hope that helps.
Advise your friend to keep contacting attorneys. Many will charge a reasonable upfront retainer, followed by monthly payments.
I agree with the other attorneys. You are not hearing the whole story.
Any decent family law attorney would file for divorce and ask that the husband be ordered to pay her legal fees and get her some temporary support so that she can live while the divorce is pending! We do it all the time. He controls the money so he should have to pay for the divorce and support her while the property division is being worked out.
She does NOT qualify for a pro bono lawyer because the husband has money.
She needs to file for divorce with temporary orders to get her husband to provide support for her while the divorce is pending. This is basic family law -- we do it every day in family courts.
Your friend is not telling you the whole story! Sorry!
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