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My husband and I are getting a divorce, and my divorce date…

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My husband and I are...
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: 5 months ago.Category: Family Law
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Answered in 20 minutes by:
4/3/2018
Family Lawyer: Attorney Wendy, Lawyer replied 5 months ago
Attorney Wendy
Category: Family Law
Satisfied Customers: 1,720
Experience: Member at Keefer & Keefer LLC
Verified

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.

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Attorney Wendy, Lawyer
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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