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Ask Attorney Wendy Your Own Question
Attorney Wendy
Attorney Wendy, Lawyer
Category: Family Law
Satisfied Customers: 2207
Experience:  Member at Keefer & Keefer LLC
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My husband and I are getting a divorce, and my divorce date

Customer Question

My husband and I are getting a divorce, and my divorce date is the 27th of this month. My lawyer is saying I need to have paid every cent of my fees by prove up at that time. She never told me that and I simply don’t have the money. Is she taking advantage of me, and what happens if I can’t pay?
Submitted: 7 months ago.
Category: Family Law
Expert:  Attorney Wendy replied 7 months ago.

Hello. My name is ***** ***** I am an attorney. First, I am so sorry you are dealing with this issue. Divorce is very stressful and I am sure this has just added to your stress. The first thing I would suggest is to review any agreement you signed with the attorney when she first agreed to represent you. Most such agreements should outline under what circumstances she could withdraw from your case. That said, failure to pay is often one of those circumstances. So, you will also want to see if there is any mention of what payments are required and when. Given the shortness of time, it may be advisable to attempt to negotiate a payment plan with her such that she will continue your representation through your hearing date. If you and your husband have reached an agreement on all issues and are merely going to the hearing to have the actual divorce granted, this may be something you could actually handle on your own (though you certainly may not want to do so). If this will be an actual hearing where there are issues in dispute, a Texas court is in a position to split attorneys fees just like other marital debts or to order one party to pay the other party's fees if the other party does not have the financial means. Though that is not guaranteed, it is something you may wish to discuss with your current attorney.

It may also be worth consulting - especially if you can find an attorney who does free initial consultations - with another attorney to determine if you would be in a position to find someone else to represent you should your attorney withdraw. Typically for an attorney to withdraw from a case would require either your consent or a court's permission (which will likely be based on your agreement with your attorney and whether there are grounds in it for the withdrawal from representation and how prejudiced you would be by the withdrawal).

I am sorry you are in this position. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.