Hello, My name is Andrea and my goal is to provide you with Excellent Service,
I am sorry to hear that your husband has been unfaithful.
What you were told about your husband paying your legal fees is correct. Where the Court finds a discrepancy in the income levels of the spouses, they will award part or all counsel fees to the spouse with the lesser income in order to "level the playing field" and so that the spouse with the income does not have or gain in advantage because he has the greater income.
And you are also correct about the spousal support. If the parties cannot agree on an amount for spousal support, then the Judge will decide by looking at the facts and circumstances of each case. If you have a greater need because of a physical disability, the Judge will certainly take that into account.
As for representation, I am sorry to hear that the Attorneys you have spoken to are insisting on a retainer since they will get counsel fees as soon as they file a "Petition for Interim Counsel Fees". They will file this Petition several times during the divorce proceedings as they itemize their bill for legal services rendered to you. What I can suggest is to call the various County Bar Associations Lawyer Referral Service, tell them what your situation is and ask for the names of Attorneys who are on their Pro Bono Committee. These are Attorneys who volunteer their time to represent individuals who normally could not afford a private Attorney. You can also ask for the names of Attorneys who have agreed to accept installment payments. it does not totally solve the problem, but at least it will get you started and to a point where the Attorney can file his first Petition for Interim Counsel Fees. I wish I could offer more help, but in divorce situations, it is difficult to find Attorneys who will wait for any significant length of time to be paid for their services,
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