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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1627
Experience:  Experienced, and knowledgeable family law attorney.
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Since I can't afford a lawyer and he can, can I make

Customer Question

Since I can't afford a lawyer and he can, can I make requests to the judge on spousal support or anything else or do I have to keep quiet?
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 1 year ago.
Thank you for the opportunity to assist you.
Q) Can I make requests to the judge on spousal support or anything else or do I have to keep quiet?
You can make these request to the judge; you do NOT (and should not) have to remain quiet.
Check these pages for good self-help information and forms that you might find useful:
http://www.lawhelpnc.org/resource/divorce-packet-self-help
http://www.lawhelpnc.org/files/CF76DC62-D528-7183-3117-39472C017826/attachments/38261CCE-A906-AD20-DB75-D161BC78CB08/ciu-divorce-packet-rev.pdf
They will give you some idea of the divorce process, what to expect, etc.
For spousal support, the basic formula is that the paying spouse (your ex) must have the ability to pay and you must have need. So, look at your respective incomes. If your income is significantly less than your ex's income, I'd ask for spousal support to help you get back on your feet once the divorce is finalized. The support may only lost a certain amount of time; months or years is pretty common nowadays. Rarely is spousal support ordered for lifetime, and it's rarely enough for someone to live on anymore.
You're also entitled to an equitable (fair) share of the marital assets and debts. So, make a list of all the things you and your ex acquired during the marriage. I mean major things like a house, a boat, a camper, a car, etc.
Figure out the value of each piece of property and how much is owed on each. Subtract those numbers (the value minus money owed) to get the value. Property includes things like retirement accounts, investments, etc. Try to split the value of all the property between you fairly. There may not be a way to split everything evenly, so some things might have to be sold and you and your ex will split what's left after paying off any debt on the property.
You didn't mention children. If you have minor children, the judge will have to decide who gets custody (where the kids live) and who has visitation. Usually the parents who gets visitation pays the other custodial parent child support, since the custodial parent has the children the majority of the time. Child support is figured based on the number of children, the parties' respective income, and other factors like health insurance.
I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.
Best wishes to you, Customer
Expert:  S. Huband, Esq. replied 1 year ago.
Hello again,
I'm writing to follow up on your question. I see you recently viewed my answer, but you didn't issue a rating. If you need clarification about my answer, please ask. Otherwise, please let me know what else I can do, if anything, to earn a positive rating from you.
Thanks again for using our service! Customer

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