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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27216
Experience:  Attorney with experience in family law.
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I am going through a divorce from an abusive man who will NOT

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I am going through a divorce from an abusive man who will NOT give up...things have to be his way. The attorney's bills are killing me at the moment and I have been informed I am probably going to have to capitulate or keeping paying. I am in York PA and am told I am unlikely to get much if any alimony if I get more than 50% property. My soon to be ex wants to give me neither. At this point I am willing to forego the alimony for more property (but he will even fight over what IS property...he spent much of the accounts and will argue that his accounts receivable for his business...which I did the books for...should not be an asset, although my lawyer says it should) should I approach this? Should I continue to fight it before the master, costs $$ or should I try to get him to make me an offer....if I ask for an offer, am I putting myself in a vulnerable position?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

There's nothing wrong with asking him to make an offer, or even making one yourself. It doesn't show weakness, so much as an interest in moving things along and avoiding the time and expense (and emotional drain) or a long, drawn-out trial. You're not obligated to accept any offer he makes. You can listen, think about it, and still proceed with trial. At least that might help you feel better about incurring additional fees and costs, if you know that he's not going to be willing to be reasonable. If you do want to do an offer, usually, your lawyer would call his lawyer and ask him if he has a number in mind. If you want to make an offer yourself, your lawyer would call, feel him out, see if they seem willing to negotiate, then throw an offer out there. Your first offer is usually going to be more than you need, and his first offer is usually going to be less than he's willing to pay. That's to help you meet somewhere in the middle.

Another thing you might want to think about (and ask your lawyer) is if you can ask the judge to order him to give you some money toward your attorney's fees. There's a public policy in favor of putting spouses in a divorce on equal footing, so, if he has substantially more income than you, you might be able to get the judge to make him help you out.

Good luck.
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