how to get money to afford a family lawyer. when i can't afford one

by Marcelle Thiel 8 min read

If you’re in a situation where you cannot afford to pay a lawyer and if your divorce includes things such as custody, visitation, as well as an order of protection problems, you could choose to ask a judge to appoint a legal representative to you, without needing to pay for their services.

If you're unable to afford a lawyer, you should start by looking into Legal Aid. Legal aid is an umbrella term for any service which provides legal assistance to those unable to afford it otherwise.

Full Answer

What if I Can’t afford a lawyer?

But if you can’t afford a lawyer to represent you in court, before an administrative agency, during negotiations, or in some other matter, don't give up. With a little searching, you may be able to find free or reduced-cost legal help.

How can I get a lawyer for free?

Here's how to find legal help if you can't afford a lawyer: Contact the city courthouse. Seek free lawyer consultations. Look to legal aid societies. Visit a law school. Contact your county or state bar association. Go to small claims court.

What to do if you can't afford a custody lawyer?

Although it may feel like you’re straight out of luck if you can’t afford a custody lawyer, there are a few legal aid options available. Each state is different, but most lawyers will give you a free 30-minute consultation. Be honest and brief with your lawyer. Ask them what they think your best course of action should be.

How much does it cost to get a divorce without a lawyer?

There’s always the option to try and do your divorce on your own without legal representation, but you may not get the full legal protection you deserve. Most lawyers charge a retainer of $3,500 to $10,000 per spouse, and this is only the first fee you will have to pay. Most people don’t have that kind of money to spare.

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What are the legal issues involved in divorce?

Divorce cases involve a number of legal issues, including division of marital property, spousal support or alimony, child support, child custody, domestic violence, etc. Each of these issues can become very complex depending on the individual facts and circumstances of each case.

Is divorce expensive?

Divorce is expensive and not everyone can afford it. This article addresses three strategies that can be utilized by anyone who is unable to afford legal representation in connection with a family law issue.

Can a divorce lawyer represent you?

Unfortunately, everyone going through a divorce could use an attorney to represent them, but only a fraction of family law litigants are able to afford to retain a lawyer (or lawyers) to represent them from the start to the end of their family law matter.

Can a family law litigant afford an attorney?

Even if neither of the above options are available, there still may be a number of free resources for a family law litigant who cannot afford an attorney. The first step to take would be for the litigant to research licensed attorneys in his or her area and to contact them to determine whether or not they offer free consultations.

What happens if you can't afford a lawyer?

In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative. Here's how to find legal help if you can't afford a lawyer:

What is legal aid?

Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.

What does it mean to spend time in court?

And to add fuel to the fire, spending time preparing for a court case can mean losing wages or part of a salary. In short, if you don't have the time to self-educate, and if you can't find enough free legal advice to help you have your day in court, it's a wise decision to seek out a competent attorney.

What time does the Akron Bar Association answer legal questions?

The Akron Bar Association, in Akron, Ohio, is an example of what's out there. You can call the second and fourth Fridays of each month from 9 to 11 a.m., as part of their Ask an Attorney Service, and they'll answer legal questions for free.

What happens if you lose a case?

That is, if you lose your case, you won't pay money, but if you win, the law firm will take a portion of the money awarded to you. However, it's important to tread carefully before picking a lawyer. Choose a reputable attorney and make sure the rate is agreed upon before the lawyer takes your case.

Can a lawyer represent you on contingency?

It's risky for lawyers to take cases on contingency, and they need to be confident a judge or jury will side with you, and that there's going to be something sizable awarded to you. While no legal expert will suggest you represent yourself, it is an option if you're in a financial bind.

Can you go to small claims court after divorce?

For instance, you can't go to small claims court if you're trying to work out your financial affairs after a divorce. But if the stakes are fairly low where someone owes you money or is trying to collect money from you, and it isn't worth risking lawyer fees, you might consider small claims court.

What is nonprofit legal services?

Depending what is available in your area, you may find a nonprofit (charitable) organization with lawyers or legal assistants on staff, dedicated to providing low-cost legal services to particular populations. For example, various nonprofits serve senior citizens, immigrants and refugees, disabled or mentally challenged persons, artists youth, battered women, low-income tenants, and so on. Such organizations might also coordinate getting pro bono (free) help from attorneys in private practice.

What are the federal grants for civil cases?

Federal grants fund a national network of legal service offices providing free legal help in civil cases to low-income people. Staff attorneys and experienced paralegals can help with divorce, landlord-tenant, subsidized housing, public assistance, Social Security, and unemployment cases. These lawyers may also know about non-legal resources like temporary housing, domestic violence shelters, and food banks.

Do lawyers have pro bono?

Many bar associations have pro bono programs staffed by attorneys who've agreed to devote a share of their time to providing free legal representation to eligible clients. You may qualify based on income or other factors, like having AIDS, being an abused spouse, or being elderly.

Does legal aid help with income?

Most legal aid offices help only people with incomes below a certain level. Some programs also consider all your assets, no matter what your income. Search the Internet or your local phone directory for “legal services” or “legal aid” in your city. Most federally funded legal services offices will not, however, ...

Can civil litigants get free legal representation?

Think of housing rights, child custody battles, immigration and deportation matters, or crippling litigation over medical bills. For the most part, civil litigants are not entitled to free legal representation. But if you can’t afford a lawyer to represent you in court, before an administrative agency, during negotiations, or in some other matter, ...

Can I find documents for divorce?

There are many services including online sources which enable you to handle the whole divorce process on your own. So, putting in the decent effort you can find documents for divorce, fill out and get general law help on what to do next with your divorce case.

Can I limit myself to legal help?

There are no reasons for limiting yourself in legal help either with forms for divorce or the process itself only because you cannot pay for it from your personal savings. It is no problem, since your spouse may pay for you.

What is a pro bono lawyer?

Pro bono services are when a lawyer offers free representation to their clients. Any time a lawyer does offer pro bono services, it means that they’re forgoing their own fee, along with the fee of their entire team to help you. Larger law firms often have programs offering pro bono services.

Why do you go to the courthouse?

Another reason for you to go to your local courthouse is to see if they can recommend different legal aid societies. Some may have specific organizations that help people in your predicament. For instance, lots of lawyers will volunteer their time to help people from a community they came from. Law Schools.

What are the legal options for domestic violence victims?

Legal Options For Domestic Violence Victims. If you’re a domestic violence victim, you need more than help with just your custody case. During this process , you should also file for a restraining order against your abuser. Domestic violence victims not only need to protect themselves, but their children as well.

Does Harvard offer legal aid?

Even top law schools like Harvard offer legal aid programs with free or discounted prices. You’ll be assigned to work with a group of students and a supervising professor. In turn, your case is used as a learning experience for the students, while still providing top care. Your Local Bar Association.

Thomas Allen Neil

You don't have options. There are no free lawyers because lawyers can't make a living working for free and they would soon be out business if they did. Which would help no one.

Heidi Sue Frankel

The first thing you might want to do is contact the local courthouse and see if they have a family law facilitator. Many of the courts have a free service which will help you at no charge. Some of the Courts also have several programs where family law attorneys volunteer their time and offer free advice. check this out.

Brenda J. Russo

Unfortunately you are correct, there are very few pro bono services available in this area. I can assure you that we lawyers hate it as much as pro per litigants. That being said, you can ask the court to award you attorney fees from your ex-husband if he has funds available that you do not.

What to do if you can't afford a divorce lawyer?

Taking the case to a local law school for representation. Staying legally married, but remaining separated. There are thankfully many options available if you cannot afford a divorce lawyer, but still need legal protection. Limited Scope Representation.

How much does a divorce lawyer charge?

Most lawyers charge a retainer of $3,500 to $10,000 per spouse, and this is only the first fee you will have to pay. Most people don’t have that kind of money to spare.

Can you walk away from a marriage?

In a separation, you can walk away from the marriage as swiftly and painlessly as possible, but you’re still legally married. If there are still legal obligations, you’ll need to fulfill them. For example, if your ex was in an accident, you’d have to make all the medical decisions for them if they could not.

Can a divorce lawyer offer free services?

A divorce lawyer won’t likely offer you free services, but they may offer you discounted services. You can still get legal protection for your divorce, but it’ll be much more affordable since you may not get full legal representation. These options include: Reduced hourly fee. Limited scope retainer.

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Federally Funded Programs

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Federal grants fund a national network of legal service officesproviding free legal help in civil cases to low-income people. Staff attorneys and experienced paralegals can help with divorce, landlord-tenant, subsidized housing, public assistance, Social Security, and unemployment cases. These lawyers may also kn…
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Charitable Organizations Serving Particular Populations

  • Depending what is available in your area, you may find a nonprofit (charitable) organization with lawyers or legal assistants on staff, dedicated to providing low-cost legal services to particular populations. For example, various nonprofits serve senior citizens, immigrants and refugees, disabled or mentally challenged persons, artists youth, battered women, low-income tenants, an…
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Pro Bono Programs and Bar Associations

  • Lawyers' bar associations exist at the state and local levels, and often provide low-cost or no-cost legal resources to litigants. Many bar associations have pro bono programs staffed by attorneys who've agreed to devote a share of their time to providing free legal representation to eligible clients. You may qualify based on income or other factors, like having AIDS, being an abused sp…
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Law School Clinics

  • Many U.S. law schools have clinical programs that are run by law professors and staffed by law students. These clinics give the students academic credit, exposing them to real-world legal issues under professional supervision. Clinics typically offer free legal services to individuals in the community. Some law schools have very standard clinics, like criminal defense or housing re…
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Courthouse Facilitators

  • Increasingly, county courthouses have facilitators on staff to help people process their legal claims. Check with your local bar association or courthouse to see what's available. A courthouse facilitator can at least help you figure out where you should file your paperwork and walk you through the process of getting your paperwork to the right people within the court system.
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Low-Cost Legal Programs

  • It's easy to have too much income to qualify for legal services, yet still be unable to afford a private attorney. There are programs to help people who fall into this group. Telephone hotlines, for example, may charge by the minute. Or, look for sliding-fee programs to get you the advice and representation you need at the lowest price possible. The New York City Bar Association, for exa…
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