what if i can't pay my divorce lawyer any more in ny

The obvious answer is to pay your lawyer every month, timely and in full when you receive the bill. If you have gotten to the point where you can’t keep up with bill and can no longer pay the bill in full each month, be honest and call the lawyer to discuss it; don’t just ignore the bill and quit paying, month after month.

Full Answer

Do I need a lawyer to get a divorce in New York?

It is better to have a lawyer if at all possible. If you are filing for an uncontested divorce and you believe your spouse will not disagree with anything, then you may want to file without the help of a lawyer by using the uncontested divorce do-it-yourself program available on the NY State Courts website.

Can I pay my divorce lawyer if I have a job?

If you have a job and the ability to pay your lawyer, you should contact him or her and try to arrange a payment plan for the services you need to complete your divorce.

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.

Do I need a lawyer if I think my divorce is uncontested?

Because divorce law can be complicated, you should meet with a lawyer — even if you think your divorce will be uncontested. If you and your spouse have resolved all financial and parenting issues, and you do not have a lawyer, you can use the free Uncontested Divorce Forms Packet.

How long can you drag out a divorce in NY?

In the case where both litigants dig their heels in and are prepared to battle to the end, a divorce case can take 18 months to two years to complete, and sometimes more. In rare instances, a divorce action can drag on for 10 years or more.

Can you pay legal fees in installments?

You can ask if your lawyer's firm will allow you to make payments over time. Sometimes law firms can offer those arrangements. For example, you might be able to pay your legal costs by instalments. You should check whether there will be any additional charge for paying in this way.

Who pays for divorce lawyer in NY?

A question often asked by divorce litigants in New York is whether or not one spouse will be responsible for the other's legal fees. Under New York law, the spouse who has more income and/or resources (the “monied” spouse) is required to assist the less-monied spouse with their counsel fees.

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 get legal aid for a divorce?

Legal aid is still available in funding finance cases in divorce, but only if you are financially eligible and you are at risk of domestic abuse.

Can you pay legal fees with a credit card?

The short answer is, “yes.” Almost every jurisdiction in the US has come out in favor of law firms accepting credit card payments for legal fees and expenses.

How much does a divorce lawyer cost in NY?

On average, New York divorce lawyers charge between $305 and $380 per hour. Average total costs for divorce lawyers range from $13,000 to $16,000 but tend to be lower in cases with no contested issues and no trial.

Does the petitioner pay for a divorce?

The spouse who applies for the divorce is known as the Petitioner and the other person is the Respondent. As they are the person applying for the divorce, the Petitioner will from the outset be responsible for the cost of the divorce. So, on average the Petitioner's costs will be higher than the Respondent's.

How much is a divorce in NY?

An index number costs $210. The index number is the number for your case and should be put on all papers filed. An uncontested divorce costs at least $335 in total court and filing fees. This does not include the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.

What happens if you can't afford to go to court?

If you can't afford the costs of going to court, you can apply to receive legal aid. The money you could get can be used to help with a range of civil court cases. You can apply for legal aid depending on: How much you earn and how much money you have in assets such as your home or other property.

What are the full Miranda rights?

You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.

How long does it take for legal aid to be approved?

Applications are usually processed within 25 working days. If we agree a case is urgent, we will prioritise it and make a decision within 10 working days. You can tell us the case is urgent on the ECF1 form and in the e-mail.

What is the key to a successful attorney-client relationship?

Communication is Key. The key to a successful attorney-client relationship really is communication . If you are in a position where you do not feel you can come up with the full amount necessary for a flat fee or retainer, be honest and candid.

What is hourly fee arrangement?

These fee arrangements are: An hourly fee arrangement is fairly self explanatory. You pay a set amount for the time a lawyer spends working on your legal matter.

Can an attorney work on your behalf?

Keep in mind that an attorney will not start work on your behalf until the fee issue is resolved. Dilly-dallying on the fee issue can jeopardize your legal interests. By taking a proactive stance in regard to your fee situation, you may be able to work out an arrangement with the attorney of your choice.

Is flat fee legal?

It is prohibited in family law and divorce and criminal cases. It can be utilized in certain types of business-related cases. Finally, a flat fee arrangement is also fairly self explanatory. You pay one fee no matter how much time an attorney ends up devoting to your legal matter.

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.

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.

What is alimony in divorce?

Alimony or spousal support. Property and debt allocation. This route allows both parties to actively control their spousal rights and obligations without having to go to court. Your separation agreement must pass legal muster, so you will need a bit of help from a divorce lawyer.

What is a limited scope divorce?

Having a limited scope reduces your divorces’s legal fees, and is completely manageable if you do not go to court. Your lawyer can help you with some of the following: There are two types of separation: simple separation and legal separation. For a simple separation, there is no legal intervention.

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.

What to do if you have paid a lot of money for divorce?

You should first ask the attorney for an accurate accounting of time spent on the divorce for money paid. You may also seek the assistance of the court/judge of you feel your attorney has overcharged or billed you for this matter/representation.

What to do if you have paid $30,000 in 3 months?

If you have paid $30,000 in three months and nothing has been done, you should speak with the attorney and seek the advise of another attorney. F

What happens after a motion to withdraw is heard?

After the hearing on his motion, the judge will make a determination of denying his motion to withdraw, granting his motion to withdraw, or granting the motion to withdraw only after substitute counsel has been found, or if you consent to proceed pro se.

Can a judge order an attorney to remain on the case?

There is no chance that the Judge will order the attorney to remain on the case. If you have incurred $30,000 in 3 months and nothing has been accomplished, why would you want to remain with that attorney anyway? You would just have to continue to pay him money. If the other side has funds from which you can pay attorney's fees, then perhaps a change of attorney and a request for attorney's fees from the other side is appropriate.

Is a lawyer an indentured servant?

However, a lawyer is not an indentured servant and a court will not force your lawyer to work for free because you don't have money. Report Abuse. Report Abuse. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 0 out of 500 characters. * Please enter the explanation.

Can a lawyer withdraw as counsel?

In all likelihood, if the lawyer request that he withdraw as counsel and asserts valid grounds, the lawyer's request will be granted. The judge may order the attorney to represent you at a certain hearing or trial if the attorney's withdraw would jeopardize your case. Report Abuse. Report Abuse.

Can a judge order a lawyer to continue working on a case without compensation?

The judge will not order the lawyer to continue working on the case without compensation (you wouldn't continue to go to work each day if you weren't getting paid and neither will your lawyer); however, you may want to carefully review your invoices to determine how your attorney used $30,000 in such a short time.

What is attorney fees in New York?

Under New York law, a court can direct either spouse to pay attorney’s fees, and expenses for expert fees to enable the other spouse to maintain and defend the divorce action. The court, in awarding such fees must consider the circumstances of the case and of the spouses with an eye toward making sure each spouse is properly ...

What is an award for attorney fees in a divorce?

A court may also assign an award for attorney’s fees a spouse had to pay in order to enforce any order issued by the court in a divorce action, including maintenance, child support, visitation, distributions of property, etc. If the court finds the other spouse purposefully failed to obey any ...

What happens if my spouse fails to obey a court order?

If the court finds the other spouse purposefully failed to obey any of these orders, it will automatically award attorney’s fees to the party trying to enforce the order. If a spouse fails to obey a fee order, the other spouse may seek enforcement in several ways: The spouse can seek an order of “sequestration.”.

Can a spouse file a civil judgment in New York?

The spouse can request a judgment for the amount owed. This judgment is enforceable in any manner allowed by New York law, including wage garnishment, which is not limited to the 10% wage garnishment for civil judgments.

What is divorce in court?

What is a divorce? Divorce is the final, legal ending of a marriage by court order. If you have a divorce case in court, you may hear lawyers and court staff call it a matrimonial action. The person who starts the divorce is called the plaintiff, and the other spouse is called the defendant.

What is child support in New York?

Child support is the money that the non-custodial parent pays to the custodial parent if the child is under 21. Child support is based on a strict formula. See the Child Support Standards Chart.

What is an annulment in a divorce?

What is an annulment? Unlike a divorce that ends a valid marriage, an annulment establishes that the marriage is not legally valid, and the grounds for annulment are different from a divorce.

How to learn about annulment?

To learn about religious annulment, you should consult the religious faith that performed the marriage. Annulment is defined in Domestic Relations Law §140. If you would like an annulment, you should seriously consider speaking to a lawyer. The court does not provide forms for annulment.

What is the law that divides property between spouses?

The law requires that a judge divide property as fairly as possible. The Equitable Distribution Law talks about two types of property for purposes of divorce: marital property and separate property. Marital property will be divided between the two spouses.

Is divorce record open to public inspection?

Divorce records are not open to public inspection. If you know you were divorced in New York some time ago, but cannot remember in which county, contact the County Clerk of the county where you were living at the time of the divorce, or try the County Clerks of neighboring counties.

Can a divorced person change spousal support?

A divorced person cannot seek a new order of spousal support in Family Court — that would need to be done in Supreme Court. However, a divorced person can ask the Family Court to modify (change) an already existing order of support.