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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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divorce

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He forced her into a 3mnth program, she could leave anytime but he said he would divorce her. So, she stayed and 2wks prior to leaving the program he sent her papers. She is from Peru and been married to him for 11yrs. They have 2 children. She has no credit or money or home and he is using the children as a tool to make her give into his demands. He now can use her affair, her 1yr of alcohol as an unfit woman which she totally is FIT!!! How does she afford this divorce? Can she make her husband pay for her lawyer or just she just have to submit to his lawyer and have no choice. Im rambling. Let me know if you need more info and details...its hard to put in a nutshell. thanks so much
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
She cannot force the spouse to pay for her attorney's fees. However she or her attorney can petition the court for the spouse to pay her attorney's fees, but there is no guarantee that the Court will grant the request. The Court will compare each party's financial positions in regard to income and property and will attempt to accommodate, but again there is no guarantee.

For the sake of argument, even if the court does not agree for her spouse to pay the fees, she is not required to submit to his lawyer's demands. She has a choice to decide what is agreeable to for her. She needs to remember that she has the right to take things slow and to seek help from the family facilitator's office if she needs help (or her attorney) with paperwork. She will be given opportunity to enter mediation to resolve issues and to create a settlement agreement that she is agreeable with. So she should not be pressured to do what his attorney requests unless she agrees with their offers to settle.



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