If I Can’t Afford An Attorney For My Divorce, Do I Have Any Options To Get An Attorney?
by admin ~ December 14th, 2009. Filed under: Attorney's Fees, Divorce, Family Law, Spousal Support.Yes, You Have Options To Get An Attorney If You Cannot Afford One In Your Divorce Case!
Often times when you are considering a divorce there are financial burdens that make hiring an attorney seem impossible due to the expenses that are commonly believed to come along with that. However, what most people don’t know is that there are ways around that expense if they are the non-working spouse, such as a stay at home mom, in the marriage. There are protections in the legal system to help you protect your rights if you’ve been the nonworking spouse and want an attorney to help you in your dissolution.
In a California case In re the Marriage of Hatch the court ruled on this very matter when a stay at home mom for numerous years and her husband were seeking a divorce. The stay at home wife had no income to speak of or any real earning potential as she hadn’t been working for numerous years as well. The court explained that there are protections for a spouse in such a situation due to the fact that the court wants to protect the non-working spouse and their ability to enforce their rights.
If you are a non-working spouse and seeking dissolution from your spouse and are unable to afford an attorney due to your lack of income you can ask the court for assistance in affording an attorney by requesting a temporary attorney. When asking for the temporary attorney expenses from the court the court looks at the incomes of the two spouses as well as the needs of the two spouses in making a decision as to whether they should grant the request for the temporary attorney.
This ability to have a temporary attorney awarded to a party by the court can have a great deal of impact on the outcome of your case. When the court grants the temporary attorney you will then have an attorney to assist you and advocate for you throughout the different phases of the dissolution proceedings which can greatly impact the outcome of the case due to the potential complexities of the law.
It is important to seek the advice of an attorney that is aware of all possible benefits you should be entitled to in a family law case. The Law Offices of Michael S. Carrillo will explore any and all options in order to get you the best results from your case. Give us a call today for a free consultation and to see what he can do for you on your case. (626) 799-9375.
