I have no money for retainer/representation


#1

CA,

The law allows you to petition the court to make your husband pay your legal fees if you can’t afford it. Sometimes folks are successful in getting a judge to award attorney’s fees; sometimes not. If you don’t retain an attorney to pursue the claims you may have, and if you don’t pursue them yourself, when and if the divorce judgment is granted, you lose your right to ask the court to award alimony, post-separation support, and an equitable division of property.

As far as your student loans go, a marital debt is defined as a debt incurred for the joint benefit of the parties. If your case were to go to court, a judge could divide that debt equally, but he or she would have to first find that it was a marital debt. There is a presumption that marital debts will be divided equally, and the action you should file in order to try to accomplish that is equitable distribution. If you haven’t already, go to our website and read up on that.

Alimony will continue for an amount of time agreed upon by the parties if the parties enter into a separation agreement, or if alimony is awarded by a judge, he or she will specify how long alimony will last. Typically, judges do set an ending date for alimony.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

In my current situation I have no money (not even $250 for the consultation fee) Does this mean that I am stuck to accept whatever legal action my husband takes (he was the financial provider) whenever he gets to the point of filing for a divorce. There must be some alternative for the weaker spouse to get a head’s up on the stronger spouse (esp. when money is the achieving factor for the decisions set forth in a seperation agreement-which will make the final decree more easy). Another question is can I ask for my spouse to pay half of my student loans that I incurred while being married(in payments). Is that considered a part of alimony? Is there a max. time length that alimony payments can last? What about medication-he got insurance on himself but not on me-so I’ve had to use any money I make to purchase my meds at full cost-or borrow the money from him and make it up by working in one of his stores. The more I ask, the more I see and wonder how I could have been so blind and stupidly struggling to sacrifice so much of myself for his well-being and satisfaction![:(!]