Cost of attorney!!!!

Discussion in 'Fibromyalgia Main Forum' started by ilovepink4, Apr 26, 2011.

  1. ilovepink4

    ilovepink4 Member

    I knew an attorney would be expensive but I have to pay $200 per hour for the consultation.too.

    My dad offered to pay for the attorney but I think that in a divorce my husband would have to pay it since he is the one with the job.....i don't want to ask my dad for that money.....

    How did it work for all of you who have gone through this? Who paid for the attorneys?

    I still can't believe this is happening.

  2. kat0465

    kat0465 New Member

    Keep looking till you find someone that dosent charge for a consult, at least you will know what your rights and stuff are.

    I had to pay to file mine in court $500. Are y'all using the same attorney??? I feel for you, and hope you get some answers

  3. Mikie

    Mikie Moderator

    It may not work in contenious divorces but if both parties are civil and wish to keep from giving all their money to attys., it can work and save a bundle. Once an agreement is reached, each party should have an atty. look over the agreement.

    Love, Mikie
  4. mbofov

    mbofov Active Member

    First, find an attorney who will give you a free initial consultation, as someone else suggested. Many attorneys will do this. It is not true that whoever files for divorce has to pay all attorney fees, but a court might order one party to pay the other's fees depending on circumstances. This is something you would need to ask about in an inital consultation.

    As Mikie suggested, mediation is a good idea if you and your husband can agree to work together. It will mean less attorney fees for both of you.

    Do make sure the attorney advises you on all your rights - child support, alimony, retirement benefits etc. If the attorney seems acrimonious, wanting to fight as opposed to negotiate, watch out. You want someone who will see that you get what you're entitled to, but not run up big fees with unnecessary court hearings etc. This is why mediation is such a good idea if at all possible.

    I was lucky - my ex and I did our divorce ourselves through a legal clinic - neither of us had an attorney representing us - but there were no kids involved (they were grown). I don't recommend this where children are involved or there are any complicated legal issues, or if the two people can't work things out. Plus I had been a legal secretary for many years so understood all the paperwork and the issues involved (including dividing retirement benefits, which can be complicated).

    Sorry you have to go through this!

    Take care -


  5. misskoji

    misskoji Member

    I am so sorry you are going through this. My husband also left me when he couldn't understand or support me through this illness. I feel for you, stay strong.

    I'm not sure about finding other resources, but you could search for an attorney who will be willing to give a free consult, as suggested by other members. Also, they are few and far between, but depending on your husband's assests and income, one may even take you on at no upfront cost and he will try to win his own costs and fees in your case settlement.

    I also wanted to mention-most courts will waive the filing fee for low income families/spouses.

    Best of luck to you!
  6. kat211

    kat211 New Member

    Given your situation and how you have described your husband's behavior - do not agree to use the same attorney or do this w/o an attorney. You MUST protect yourself and your children. Do not allow your guard down in a moment of weakness, you cannot get a do over. Once you are divorced and assets are split and spousal support is determined, it is pretty much set in stone. Child support can often be changed, but it can be a pain and you must prove the reasons for change.

    Most attorneys will give you a free initial consultation. Does he have an atty yet? If so make sure you know who it is and avoid them. also research their cases and see who has beat them. you probably will only be able to find cases that went to court, but that's better than nothing.

    My ex and I did ours completely on our own. I will be completely honest and tell you that I did allow my anger to get the best of me and b/c I was the one filling out the majority of the paperwork and he did not read everything b/f signing it I did get away with some things that he never noticed. Fortunatly, I don't hold a grudge, so I let go of my anger and haven't brought up any of those things that I 'got away with.'

    I never thought I was 'that person.' But when push comes to shove, all of us are capable of being 'that person.' My point is, don't put yourself in the position where you have to make a decision on whether or not you are that person, because from one mother to another, you will do whatever it takes to protect your children. Hire an attorney. Interview many. They work for you. There is no reason you should pay them $ to interview them for the position. And, whatever you do, do not take the divorce proceedings personal. Think of it as a business and the splitting of assets and liabilities, otherwise you will not be able to do it with the clear head that you need in order to plan for the future with your children. It can be hard, but it is doable.
  7. limbo

    limbo Member

    Pink I don't post much, and I lost a daughter in December. I divorced 1991, and I was in court until he died. I was beneficiary of his life insurance, on decree to not take loans, dividends, he did. While we in court. Judge said it wasn't a loan. Previous I garnished his milatary pension, for half. My checks came from Defense Department. Arrears to court again, I recieved a judgement. I walked out of the home. Big mistake, after his death his second wife has it. Home wasn't paid for. Second mortage etc. He claimed bankruptcy, tried to get judgement discharged. Judge said no. His wife paid the judgement to get a clear title. She has the family home.

    Stall the divorce, consider medical insurance. He can't get a divorce by himself. Let him pay the bills. Just my two cents. You can't trust even judge's. Hang in there.

    CHOCOBUN New Member

    I am currently going through a divorce and have a lawyer because my husband contesting the divorce and he filed before i could. I wanted to use a mediator which would have been a lot cheaper than a lawyer even if it was contested. Now the judge wants us to sit down with a mediator GO FIGURE! You need to research your state laws on divorces; each state is different when concerning divorces. Next call around and look for a lawyer who take a flat fee, that is what i did. I could not afford the ones who wanted to charge for a consultation and per the hour my attorney charge $4500.00 and take payments per month based on what I can pay. They are out there but you will have to get the phone book and get to calling; I had very little time because I had to file a reply back before I found a lawyer but I found one. Yes everyone is right in some ways you will have to fight for your rights you do not get a do over and the judge is not out to fight for you but what is the law. You need to make sure when you find that lawyer he tells you EVERYTHING and he is fighting for you not your money. Good Luck I know how you feel I am still going through it myself and it is not easy