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Roger, Attorney
Category: Family Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Im married and my husband is employed but Im not employed.

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I'm married and my husband is employed but I'm not employed. How do I go about getting a divorce?

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.


If you do not have any income, you can still file for divorce, and if you don't have money to hire an attorney, you can actually file a motion with the court to have your spouse pay for your legal representation. This is a common motion for couples where only one spouse works.


You could consult and attorney, and discuss the issue of requiring the spouse to pay for your legal costs. If the attorney is willing to do this, he/she can file a petition for divorce on your behalf and then file a motion to require your spouse to cover the legal fees. If the judge grants the motion, the husband would be liable to pay your legal fees.


Once you get the petition for divorce filed and the motion for your husband to cover your legal fees, you can proceed with your property settlement. spousal support and child custody issues. It is really important to have an attorney help you through these issues as they are important with the division of marital property, equitable distribution, etc. Because this is important, courts are generally willing to order a spouse to pay all or part of the legal fees of a non-working spouse.

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