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Cannot afford a lawyer. Tips for Pro Se? Pro Bono?

Northbrook, IL |

My wife served me with divorce papers last week claiming irreconcilable differences. She hired a lawyer. I don't know where she got money considering she's always short on cash and I fund her almost every 2 weeks. Out of my net pay, 95% of it goes towards paying mortgages, utilities, CCs, 3 car loans, and kid's school loans. I have 401k, but have 2 loans outstanding from it and cannot take out another loan. Credit cards are maxed. I was recently turned down for new credit. If you look at my salary, it looks like I can afford it. But reality is I cannot. Are there any organizations in Northern Illinois (excluding Chicago) where an attorney can represent me Pro Bono? I have been doing a lot research and it appears Pro Se is do-able. Any tips or recommendations will be appreciated.

I've made an appointment with an attorney I found through an illinois attorney finder website. Thank you all for your advice!

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Attorney answers 4

Posted

I see you're tagged as being in northbrook. If you want to learn about legal aid in the Cook County area, or get info about representing yourself, CARPLS is an option - www.carpls.org

Otherwise, you can try to shoot for finding a lawyer who can provide unbundled services if you can't afford a full scope attorney, or just handle some things on your own.

If you go the legal aid route, you should start making calls ASAP. They are congested and it could take time to get an intake interview.

This information on this post is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Asker

Posted

Thanks for the advice; I'll look up legal aid in McHenry/NW burbs. I work in Northbrook but live in McHenry County. Subpeona is from McHenry County. I have attempted to negotiate with the wife, but she claims I can afford more. I have a spreadsheet I maintain where it shows I am in the RED every month. Can't squeeze blood from a turnip.

Posted

I agree with advice provided by attorney Malloy. In addition, you should at least sit down face to face with one (or a few) attorneys in person. Most lawyers will work with you to and may have ideas to help you come up with a retainer. See if any friends or family can loan you funds to get a lawyer. If there is a lot at stake, you may not be able to afford NOT HAVING A LAWYER. It could cost you far more in the long run if you about it by yourself.

This response shall not be construed as specific legal advice and does not create an attorney-client relationship or privilege. Further, this response is not intended to solicit legal fees.

Asker

Posted

Thanks, Brian. Will seek legal aid. I have roughly 20 days to respond...

Brian Michael Radke

Brian Michael Radke

Posted

Your welcome. If all else fails, file a Pro Se Appearance so you do not get defaulted. Then appear at the first court date and ask the Judge for additional time to respond and/or hire a lawyer. Most Judges will give you a little extra time if they believe your request is sincere. An attorney can later file a Substitute Appearance if you are able to get one later. Good luck.

Asker

Posted

Great! Thx for the tip! Yup...I'll need good luck.

Posted

I doubt you will qualify for legal aid with owning more than one property (mortgages), three cars, and a decent income from your job. You have to either sell a car (s), some other property, take a loan against the property, borrow from a friend/relative, or cash in part of the 401K and pay the penalty. You really cannot expect lawyers to help you out representing you pro bono when you are not taking self help to the maximum yourself. You are living a lifestyle you cannot afford so change it.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about. Remember that it is the Lawyer who:  Punishes the wicked, Protects the innocent, Raises up the lowly, Opposes brutality and injustice, Seeks equality of humanity regardless of color, cast, sex or religion, Leads in every cause, and Seeks the best in everything.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

the asker should consult with a bankruptcy attorney. filing a bk will deal with most of the debt and put the divorce on hold while he regroups.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

He says he has pretty high income and may not qualify but can definitely consult with a BK attorney and should.

Asker

Posted

I consulted with a BK attorney and he said no judge would ever allow more than a 20% CC dismissal (C.13) based on my ability to pay. I calculated the approximate cost of BK (attorney's quote) to be half the 20%, along with the tarnished credit for 7 years. I take half the blame of the situation I am in. My therapist says I've "enabled" my spouse into getting into this mess. Peggy - I came here for direction or advice from professionals, not a scolding or moral statement.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Neither but I gave you the logical legal answer based on your facts.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

You will be wasting your time seeking services you are not going to get. You need someone to tell you the truth about your situation.

Posted

This does not sound like a situation where you would qualify for legal aid services. Representing yourself can be difficult on many levels and is fraught with pitfalls that you might ultimately regret, particularly if your spouse has counsel who is guiding her. Divorce can be a complicated subject matter if you don't have a working knowledge of your rights. I would suggest a consultation with an attorney, which will cost you 1 hour at that lawyer's hourly rate, so you can get a little education regarding what you are dealing with.

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