how to pay for a divorce lawyer when your broke

by Lottie Considine 9 min read

7 Ways to Pay for a Divorce

  1. Use joint money. You may use money in a joint bank account to hire your lawyer. ...
  2. Use a credit card. Many attorneys accept credit cards. If it is a joint credit card, you and your husband will both be responsible for the amount charged, and ...
  3. Take out a loan. There are many loan options available ranging from loans against a retirement account to personal loans.
  4. Withdraw money from a savings or retirement account. Many people are reluctant to invade their “nest egg,” with good reason. ...
  5. Borrow money from friends or relatives. Many divorces are financed by parents who don’t want to see their children suffer in a bad marriage, or worse, a bad divorce.
  6. Know the law on “counsel fees”. In New York, if you are a wife in a divorce who earns less than your husband, the law entitles you to have ...
  7. Start saving now. Even if you do not think divorce is happening soon, but you think it may be in your future, start saving now.

Here Are Tips on How to Pay for a Divorce Lawyer With No Money
  1. Mediation. For some parties, mediation may be an option to consider for settling your divorce. ...
  2. Task-Based Billing or Bundling. ...
  3. Flat-Fee Billing. ...
  4. Take Out a Loan. ...
  5. Credit Cards. ...
  6. Finance Creatively. ...
  7. Pro Bono Attorney. ...
  8. Fee Waivers.
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Feb 2, 2021

How do I pay for a divorce attorney?

Use a credit card. Many attorneys accept credit cards. If it is a joint credit card, you and your husband will both be responsible for the amount charged, and at the end of your divorce, a judge may “allocate” the amount of lawyer fees each of you has to pay. Since most credit cards allow you to make monthly payments,...

What happens if you can’t afford a divorce lawyer?

But remember, if you cannot hire a divorce lawyer to represent you, you stand to lose marital assets that could be a multiple of the amount you spend on his or her fee. Divorce is a time for triage, not penny pinching. 5. Borrow money from friends or relatives

Can I pay my divorce lawyer with my marital assets?

Paying reasonable attorney fees with marital assets typically does not violate your ATRO. You may seek out the assistance of friends or family to request a loan of funds needed to pay for your divorce lawyer. Agreements specify the payback schedule of any fees.

What should I tell my divorce lawyer about my financial situation?

When meeting with potential lawyers for your divorce, you should be open and honest about your financial situation. Divorce lawyers know that some clients have little or no money to pay for their divorce. In many situations, one spouse has been the sole breadwinner and the other spouse has little or no money in his or her own name.

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How do you divorce your husband when you have no money?

How to leave a relationship when you have no money (6 ways)Start a side hustle. Think about what you're good at, and chances are you can turn it into a side hustle. ... Sell items you don't need. ... Set a budget. ... Use coupons and shop sales. ... Trade services with friends or family. ... Ask family for help.

How much is the cheapest divorce?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

Can I afford to get divorced?

The Actual Cost of a Divorce In addition to an attorney, you'll have to pay filing fees and other related costs. There is no way around this— and it can definitely be expensive. That doesn't mean, though, that you can't afford to get divorced.

How long does a divorce take?

A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.

What is the easiest way to get divorced?

Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous.

How do you leave a marriage when you can't afford it?

What to Do If You Can't Afford to Leave Your SpouseCalculate the Value of Your Assets. Once the divorce goes through, you'll need to divide up your shared assets and may need to sell the home. ... Review Your Expenses. ... Start Searching for a Better Job. ... Seek Counseling.

How do you survive financially in a divorce?

Surviving Financially After DivorceExpect your income to drop after the divorce is final. ... Consider whether you can afford to keep the house. ... Know what you have. ... Consider the after-tax values of your assets. ... Understand your financial needs. ... Don't overlook the value of a future pension. ... Hire a good team.

How do stay at home moms get divorced?

As a stay-at-home parent, you'll want to think about whether it's feasible for you to keep and stay in the family home during and after the divorce. Often, courts will allow the parent with physical custody of the children to remain in the family home to ensure the least amount of disruption to the children's lives.

Can mediation over divorce save you litigation costs?

Mediation over divorce permits parties to work out their differences concerning finances and property division without litigation’s financial costs...

Do both spouses need to agree for mediation over divorce?

Mediation over divorce works only in situations where both spouses agree to mediate. Mediation permits parties to work out their issues with a qual...

Can I ask court to order spouse to pay attorney fees for divorce litigation?

You may ask the court to order your spouse to pay your attorney fees in some situations for the divorce litigation. While many courts do not requir...

How to keep attorney fees minimal in divorce litigation?

In some situations, you may agree with an attorney to proceed on a bundling or task-based billed basis while litigating over divorce. Bundled legal...

What are flat fees for attorneys in divorce cases?

Flat fees for attorneys enjoy popularity in simple divorces where the parties can reach solutions outside of court. Flat fees are similar to bundli...

Can I pay divorce lawyer from retirement account?

Most states permit a party to withdraw from 401ks or retirement accounts to pay a divorce lawyer. In states where applicable, ATROs prohibit the fo...

What do ATROs mean in divorce situation?

Most states have ATROs, or automatic temporary restraining orders that preclude parties from disposing of assets subject to divorce. The purpose of...

Is paying a divorce lawyer with marital assets ATRO violation?

Paying reasonable attorney fees with marital assets typically does not violate your ATRO.

Can family or friends help with loan for divorce litigation?

You may seek out the assistance of friends or family to request a loan of funds needed to pay for your divorce lawyer. Agreements specify the payba...

Can I use credit card to pay divorce lawyer?

While not always advisable, depending on your situation, you may apply for a new credit card and use the card to pay your divorce lawyer. Divorce p...

What Are The Rates of a Divorce Lawyer?

Hiring a lawyer can be tremendously expensive. Those with very low-income can cause frustration and a significant strain on their savings and overall life. Yet, getting a lawyer for divorce with no money or who fits your minimum budget is still possible.

How to File for A Divorce Without an Attorney?

If you want to file for divorce with no money, then a “do-it-yourself” approach might be your best option.

Conclusion

Most of the time, divorces are not a pleasant experience. They either result in a mental breakdown, a life-changing and stressful period, or a financial burden.

How to reduce legal fees for divorce?

Hiring a lawyer for pieces of your divorce may help reduce legal fees. Request that your spouse pay your legal fees: If your spouse has more money than you, you can request that your spouse pay some or all of your legal fees and costs. If your spouse does not voluntarily agree to this request, you can ask the judge who is hearing your divorce case ...

What to ask before hiring a divorce lawyer?

Before hiring a lawyer for your divorce, ask about the total estimated cost of filing for divorce, including filing costs, legal fees and other expenses. If you are concerned about your ability to pay, talk to your divorce attorney about the options.

What to expect when getting divorced?

You're going through a major life change, and if you have to worry about paying for the divorce, that may add to your worries. Above all else, be honest about your finances with yourself and your lawyer. If you know what you can afford to pay, then your attorney can realistically tell you what you can expect during your divorce.

Can you pick up the phone every time you have a question for your attorney?

This may mean that you have to restrain yourself--for example, you can't pick up the phone every time you have a question for your attorney. By the same token, your lawyer will have to develop a legal strategy that works within your budget.

Do divorce lawyers have to be honest?

When meeting with potential lawyers for your divorce, you should be open and honest about your financial situation. Divorce lawyers know that some clients have little or no money to pay for their divorce. In many situations, one spouse has been the sole breadwinner and the other spouse has little or no money in his or her own name.

Keep the costs under control

We live in a consumer society. Consumerism has become an obsession rather than a simple pleasure. There is a difference between what you want and what you truly need.

Educate yourself

There are so many resources out there. Learn as much as you can and do some research on the internet about specific divorce issues you are facing. Try to negotiate in a more neutral place and always listen to what your spouse has to say. Respect is crucial during divorce proceedings.

Craft a financial plan

The first step is closing the joint bank account. If you need to keep it open for a while, you can talk to your former spouse and deposit the money you need to pay your bills every month.

Gathering important documents

There are some records you must gather before filing for divorce, including a copy of your tax returns, wills, financial statements, and so on. It is important you don’t delay gathering important financial information. These documents can help you get a better settlement. In other words, the organization is essential for a low-cost divorce.

Hiring an attorney

Even if you hire a Westlake Village divorce attorney, you should get familiar with how the process works. Use a mediator rather than a litigator. Find common ground and go from there. If you have any questions, make sure you contact an attorney in your area and discuss your options prior to filing for divorce.

Can My Spouse Pay Using Our Joint Account?

When two people have a joint account, both individuals generally have a right to take out funds from the joint account. Once funds are deposited to the account, the funds are usually considered property of both of them. Therefore, a spouse may be able to withdraw funds from a joint account to pay for an attorney.

Can I Make My Spouse Pay For My Attorney?

Generally, the answer to the questions, “Can my spouse make me pay her divorce attorney fees?” or “Can I make my spouse pay for my divorce lawyer,” is no. However, you and your spouse may agree to this arrangement.

How To Apply For Legal Fee Help

If you are filing for divorce but do not have the money to pay the filing fees, you may be able to present an affidavit to this effect and have the court costs waived.

About the Author: Valerie Keene, J.D

Valerie Keene graduated magna cum laude from the University of Arkansas School of Law, was a finalist in the 2014 National Moot Court Competition, and participated in the Arkansas Law Review. She is a licensed attorney who primarily practices family law and estate planning.

What happens if you don't hire a divorce lawyer?

But remember, if you cannot hire a divorce lawyer to represent you, you stand to lose marital assets that could be a multiple of the amount you spend on his or her fee. Divorce is a time for triage, not penny pinching. 5. Borrow money from friends or relatives.

How to find money for a lawyer?

Here are six different ways that you find the money: 1. Use joint money. You may use money in a joint bank account to hire your lawyer. So long as your name is on the account, with certain exceptions, it doesn’t matter if your husband deposited most or all of the money. 2. Use a credit card.

Can a divorce be financed by parents?

Many divorces are financed by parents who don’t want to see their children suffer in a bad marriage, or worse, a bad divorce. Even if you don’t have the best relationship with your parents, ask them for a reasonable amount of money to pay your attorney – or for the upfront consultation fee.

Do divorce lawyers accept credit cards?

Many attorneys accept credit cards. If it is a joint credit card, you and your husband will both be responsible for the amount charged, and at the end of your divorce, a judge may “allocate” the amount of lawyer fees each of you has to pay. Since most credit cards allow you to make monthly payments, you may be able to charge enough ...

How to Make Your Husband Pay for Your Divorce Lawyer

There are some situations in which a wife can make her husband pay for her divorce lawyer. A spouse’s wrongdoing or income disparity can compel a judge to award attorney fees. Getting a court order through a Request for Attorney Fees (Form Fl-319) is the only way to legally obligate your spouse to cover your attorney fees.

FAQs About Attorney Fee Awards

A husband does not have to pay for his wife’s divorce lawyer unless a court order says otherwise. In some situations, a judge may order a husband to pay his wife’s divorce attorney fees.

Borrow funds for the initial retainer

Your divorce attorney will most likely require a retainer, an initial fixed or pre-negotiated payment that ensures they are able to take your case. If you do borrow the money for a lawyer’s retainer, you should document the loan, even if a relative is involved. A simple note can be drawn up by your lawyer.

Request temporary orders to obtain interim attorney fees

When a spouse files for divorce, they can request temporary orders to obtain interim attorney fees. If successful, this may cover some of the attorney's fees in the case, although it usually will not cover all of them.

Discuss your marital assets with your lawyer early

Another solution is to discuss your marital assets with your lawyer early on so your lawyer can determine whether there will be enough assets awarded to you in the divorce to justify the fees the lawyer anticipates having to charge, with assets left over for you.

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