how is it fair that my ex wife has a free lawyer

Can I make the other spouse pay my attorney’s fees?

The legal fees add up and it is not uncommon for individuals to question how they can afford to continue paying their legal fees even though they need representation to protect their legal interests. One solution is filing a motion to have the other spouse/parent pay his/her attorney’s fees and costs.

What if my spouse has a divorce lawyer and I don't?

What if My Spouse Has a Divorce Lawyer and I Don't? Divorce is scary enough without your spouse’s lawyer intimidating you in court. Yet, some people choose to represent themselves in a divorce even when a spouse has hired a lawyer. You don’t need to hire an attorney simply because your spouse has one.

Should my spouse hire a lawyer before I do?

First, you want to meet with the most competent and experienced attorneys before your spouse does, which prevents them from hiring a great fit first. If your spouse meets with an attorney first, it could create a conflict of interest that would not allow them to represent you.

Should divorcing people take out their hurt feelings on exes?

Divorcing people often want to take out their hurt feelings on exes, however it's important not to let emotions interfere with the business at hand. In the long run, being spiteful could harm your own pocketbook.

What is it called when you can't afford a lawyer?

When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person.

Can you sue your ex wife after divorce?

In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex's lawyer for filing a frivolous lawsuit. So, you need to be careful before you run to the courthouse with a suit in mind.

How do you play dirty in a divorce?

Dirty Divorce TricksLeave Him With Nothing. A female client is contemplating leaving the marital home. ... Cancel the Credit Cards. ... Get Him Fired. ... Cutting Off the Utilities. ... Tell the Paramour's Spouse. ... Move out of State with the Kids. ... Clean out the Bank Accounts. ... File an Accusation of Child Abuse.More items...

How can I legally get my stuff back from my ex?

If you set a date and your ex fails to let you pick up your belongings, you will need to request an order from the court in order to get your personal property back.

Can I sue my ex-wife for emotional distress?

Yes, but only in rare situations in which your ex's behavior was really bad and the distress you suffer is severe. In some states you must have physical symptoms to move a case forward. You do not need to have suffered physical abuse, but a standard breakup is not enough.

Can I sue my ex for emotional distress after divorce?

Emotional Abuse Can Give You the Right to Sue If your spouse has intentionally caused you to suffer emotional distress, you may have the right to file a civil lawsuit for damages. Filing a lawsuit can hold your spouse accountable for their actions and allow you to recover comepnsation.

How do you fight a narcissist in a divorce?

Divorcing a NarcissistDon't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...

How do I stop my ex wife from taking everything?

How to Avoid Being Taken to The Cleaners During DivorceDocument your household property with photos. ... Live a frugal life. ... Remove any potential evidence from a wife who will snoop (and most will). ... Open a separate bank account. ... Close joint credit card accounts immediately. ... 401(k) and IRA accounts.

Why does a narcissist drag out a divorce?

Knowing that you are able to move on without their influence can be unbearable for them. They crave your dependence and loyalty above all else. Without you, they will feel the need to act in an aggressive or jealous manner. This can make a simple divorce case quickly turn into a drawn out affair.

How long can my ex keep my belongings?

Depending on where you live, an ex can be given from 30-60 days to retrieve their belongings. While 30 days should be considered a minimum deadline, you should not set a deadline for less than 30 days. This is considered to be ample time for an ex to remove their possessions.

What is no contact with ex?

“The No Contact rule is where you don't call, text, or message an ex in any way after the breakup. It includes not talking to their friends or family about them or the breakup itself,” says dating and breakup coach Lee Wilson.

Can my ex throw my stuff outside?

No she can't, but there is a fine and unmarked line between leaving your stuff there until you can pick it up and abandoning it (which may allow her to dispose of it legally) You should make immediate arrangements to pick it up, giving her fair and reasonable written notice.

What is the relationship between an attorney and a client?

Part of the attorney-client relationship is trust. Your wife must trust her lawyer, just as you must trust yours. But your wife can be misled by false promises that, somehow, the expert on her side can turn her adultery into her victimhood.

Can a woman hire a divorce lawyer?

Your wife may hire a divorce lawyer catering to women, but the law really does not cater to anyone. Code of Virginia is the same for a man named Ashley; a woman named Cameron; a transgender person named Drew; or Hunter, inscrutable purchaser of unisex clothes. The laws are written to apply to both parties in civil cases.

Do you have to pay a court order?

If it was part of the original court order, or in any subsequent order to make sure you paid, then yes, you will have to pay. Talk with your attorney to see what the orders said.

Do I have to pay my attorney's fees?

What does the Order say? If she has a Court Order requiring you to pay her attorney's fees, then yes, you are required to pay her attorney's fees because it is in the Order. If an Order has been issued that does not include attorney's fees (or leave the issue open for later determination), then I don't see how she can obtain attorney's fees. If the case is still open, she could request the Court to order you to pay her attorney's fees. Since the issue surrounds past due child support, a Judge could ultimately award her attorney's fees, but the Court would take into consideration your current financial circumstances.

Can a judge order you to pay for her fees?

A judge could order you to pay for her fees depending on how much she makes. If you owed support, there may be an automatic right to get attorney fees from you for collection.

Can my wife ask for attorney fees?

If you and your wife cannot reach a settlement, which will usually waive claims for attorney fees, and the case goes to a full trial, then she can ask for attorney fees. However, attorney fees are in most cases only awarded to the "less monied spouse", meaning that if your wife makes about the same or more than you do, then it is likely that her request for attorney fees will be denied.

Is attorney's fee a community obligation?

Attorney's fees for the divorce are a community obligation-just as joint bills you may have run up while you were married. If you were represented during the divorce, your attorney's fees are chargeable to the community as well, so the two charges would offset one another, normally.

What is an award of attorney fees and costs?

An award of attorney’s fees and costs may be granted based on (1) the relative circumstances of the parties; and/or (2) the conduct of the parties’ and/or their attorney that frustrates potential settlement, including any bad faith actions.

What is the common theme in divorce?

A common theme in divorce is the award of attorney’s fees and costs. It is no mystery that any legal actions can become expensive relatively quickly. This is especially true in custody battles and divorces where, sometimes, the process can become a lengthy one.

Do you have to demonstrate financial need for an award of attorney's fees?

The Code goes on to state that “In order to obtain an award under this section, the party requesting an award of attorney's fees and costs is not required to demonstrate any financial need for the award.”.

Can an attorney's fee be made if one spouse makes more than the other?

Therefore, if one spouse/parent makes a significant amount more than the other party, an attorney’s fee award may be properly made. However, it is important to note that this is only where the disparity in income in significant.

Can a court take a motion for attorney's fees?

The court does not take a motion for attorney’s fees lightly, and as such, a justifiable need for the other party to contribute to one’s fees and costs must be adequately demonstrated. However, financial need is not the only way to seek assistance from the other party with one’s fees.

What are some secrets that a divorce lawyer may not want to share with you?

Below are twenty secrets that a divorce lawyer may not want to share with you. 1. It's going to cost more than you bargained for. It's not always the case—but more often than not, the costs associated with your divorce will often be higher than your lawyer's original estimate.

How do divorce lawyers save money?

That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

Siobhán Kinealy

He has no obligation to you. You need to go back to court if your income is down.

Robert Ricci

It hardly seems reasonable that you didn’t have access to your own tax returns to confirm your income. Those and your own bank account records were always available to you and anything else was available through the discovery process. Sounds like you didn’t have a lawyer.

Risa A Kleiner

You have no cause of action against your ex-wife's lawyer. If you were represented by an attorney in your divorce, it was up to that attorney to properly represent you. If you didn't have your own attorney, well then that is why you got such a poor result in the divorce...

Scott J Newman

You have no lawsuit against the lawyer on the other side who represented your wife. His advice to her is none of your business. Maybe you can sue YOUR lawyer if he did not ensure you got the proper records, but I'm not suggesting it. But you can't sue hers.

3 attorney answers

False allegations against the other parent and emails showing proof of withholding the child are both strong indications that parental alienation is occurring. It has to stop now. It's probably best if you take a co-parenting class and complete it before the next court hearing.

Laura M Dunst

The court considers everything under the circumstances and determines what is in the best interest of your child. One thing you cannot do that will backfire on you is lie in court, e.g., telling the court that your husband has a drug problem when he doesn't.

Jose Isaia Ybanez Utzurrum

First, you need to stop discussing the fact that you've done illegal activity (perjury, false police report, etc.) on a public website. Then you need to get a GOOD EXPERIENCED family law attorney hired NOW. EVEN WITH a lawyer, you don't "win"; without one you almost surely "lose"

Friday, February 10, 2006

This article is very interesting, although the circumstances and jurisdiction are slightly different in my case, there is undoubtedly liability of my ex's attorney for his actions in my domestic relations matter.

Man can sue ex-wife's lawyer, court rules

This article is very interesting, although the circumstances and jurisdiction are slightly different in my case, there is undoubtedly liability of my ex's attorney for his actions in my domestic relations matter.

How much does a divorce cost?

It's no secret that divorce can be expensive. In fact, according to Narris, the average cost of legal fees in a divorce is an astounding $15,000! One way to cut down on these expenses is to use a mediator.

Why is divorce so stressful?

Some people even see divorce as a way to seek revenge on a spouse by seizing money and assets. Although divorce can bail you out of an unhappy marriage, it can also milk you for all you are worth if you don't know your rights.

How long does it take to get divorced in Arkansas?

Arkansas takes the longest amount of time at 540 days. If you live in one of these states, you and your spouse might want to consider relocating to expedite the divorce process.

What is a DOS in divorce?

Typically, the court uses a formal date of separation (DOS) to determine property division and the value of certain assets. "If you are expecting a large increase in the value of a major asset upon a certain occasion, be mindful of that when you decide to initiate the divorce," said Narris. 23.

Which states have the most lenient divorce laws?

Some States Are Better for Getting a Divorce. According to the government research site InsideGov, the five states with the easiest and most lenient divorce laws are Alaska, South Dakota, Wyoming, Iowa and Washington.

Do you have to have a brokerage account before filing for divorce?

According to Luna, it's important to make sure you have the current statement for your spouse's brokerage account before announcing and filing for the divorce. After all, a deceitful spouse could very easily liquidate the account with no paper trail by neglecting to cash checks until later.

Can ex spouses write off alimony?

A Former Spouse Can Be a Great Tax Shield. People who pay alimony are rarely grateful for the opportunity. However, ex-spouses can actually help you out come tax time . According to Narris, people who pay alimony to their exes can write it off as a tax deduction.