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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116707
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I can't afford a lawyer, so can I ask support

Customer Question

I can't afford a lawyer, so can I ask for spousal support when we go to court or do I have to sit there and keep my mouth shut? If he has a lawyer would this even go to court?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, as your divorce progresses, you do not have to just sit back if you cannot afford an attorney. First, try legal aid and seek to get their assistance. Second, if you cannot get a local low cost attorney, you need to go to the court library and speak with the librarian and get the form books. You also need to get a copy of the NC Rules of civil procedure and NC rules of evidence.
You need to file a motion for spousal support in the court and explain how you are not financially able to support yourself in the same style as when married. You can also ask the court in your motion for your ex to pay your attorney's fees based on them leaving you without support.
Most of these cases settle out of court without trials, but if this was just filed it is going to take some time and motions and negotiations between you and your husband/his attorney to resolve this matter so you can get a fair settlement and your share of the marital property.

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