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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26418
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I want to get a divorce...how can I make him pay for the c

Resolved Question:

I want to get a divorce...how can I make him pay for the costs?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.
Kirk Adams : Generally, in order to have a judge direct a spouse to pay for the other's attorney's fees and costs, the requesting party must show that he/she cannot afford an attorney without assistance.
Kirk Adams : This is most common in situations where one spouse works and the other doesn't.
Kirk Adams : Basically, you would have to file a motion and ask the judge for an order directing the other spouse to pay your attorney's fees. You will likely have to provide financial proof that you can't pay the fees.
Kirk Adams : Courts are generally receptive to these situations because a spouse should not be deprived of an attorney just because of financial restraings.
Customer:

ok so how do I get started?

Kirk Adams : Generally, all you have to do is file a motion with the court stating that you cannot afford an attorney on your own and ask the court to order that your spouse be required to pay your legal fees.
Kirk Adams : If you have an attorney, he/she can do this for you.
Kirk Adams : If you don't yet have an attorney, you should consult one and discuss doing this on the front end.
Kirk Adams : Your attorney will file a motion for this and file it with the court.
Customer:

I don't have an attorney and I can't really afford one. I am a single parent and I just graduated from college yesterday and I have not found a teaching job yet. what form do I have to file? where can I get that form?

Kirk Adams : Congratulations on graduating! That's a great accomplishment!
Kirk Adams : I don't think there are forms for motions like this in Ohio, but let me check.....
Customer:

is it possible to make him pay me back for the wedding since it has been so long?

Kirk Adams : No, there's probably no way to have him repay you for the cost of the wedding unless you have a written contract where he promises to pay you.
Kirk Adams : I don't see a form from Ohio, but here's a similar form for another state: http://www.masslegalhelp.org/children-and-families/forms/plaintiff-motion-for-attorney-fee.pdf
Kirk Adams : I would recommend that you contact your local legal aid office for help with a motion.
Customer:

does it cost to file this motion?

Kirk Adams : Also, if you can get your spouse to pay your fees, an attorney should be willing to take your case and file a motion to cover the attorney fees. This will allow you to be represented throughout the case.
Kirk Adams : It shouldn't cost anything to file the motion because the case is already filed/pending.
Customer:

but they closed it years ago after they said our paper work wasn't filled out right

Customer:

do I just say I want to reopen it? or do I need to do something else first before I file the motion for him to pay? or do I do them both at once?

Kirk Adams : In that case, you would likely have to file a new petition for divorce - - usually if a case is dormant for 1 year or more, it is dismissed and closed out.
Kirk Adams : Because you'll have to file a new case, there will be a filing fee. The cost varies from county to county, but it will probably be a few hundred dollars.
Customer:

is there anyway to make him pay for that too?

Kirk Adams : Yes, you can ask for the costs to be covered as well.
Customer:

ok so I just go into our local court and tell them I want to file a motion for divorce and have him ordered to pay all of the costs?

Kirk Adams : No, the court isn't going to help you with the documents you need - - all the court clerk does is file documents.
Kirk Adams : You'll need to see an attorney OR get assistance from your local legal aid office to prepare the documents that need to be filed.
Customer:

Is there a way for me to get these documents on my own? I can't afford to pay a lawyer

Kirk Adams : Legal aid can help you for free.
Kirk Adams : OR
Kirk Adams : IF you consult an attorney to help you, then he/she would likely agree to take the case and file the petition and motion for fees to be paid by your spouse without charging you up front.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26418
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 2 other Family Law Specialists are ready to help you

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