Im being sued for divorce and I cant afford a lawyer. How do I obtain what is rightfully entitled to me?

Asked 10 months ago - Cleveland, OH

We have 3 children together under the age of 18. Child support has already been enforced. My spouse knows I cant afford an attorney and I am sure he is going to deny trying to pay alimony.

Attorney answers (4)

  1. Dean George Tsourakis

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You should consult an attorney to see if your spouse can be ordered to pay your attorney's fees.

  2. Martin Dennis Koop

    Contributor Level 9

    2

    Lawyers agree

    Answered . Usually both parties' attorney fees are paid from marital assets - if he can afford an attorney, the judge will normally see that marital funds are used to pay your attorney too.

    Ohio Revised Code Section 3105.73(A) says this: In an action for divorce, dissolution, legal separation, or annulment of marriage or an appeal of that action, a court may award all or part of reasonable attorney's fees and litigation expenses to either party if the court finds the award equitable. In determining whether an award is equitable, the court may consider the parties' marital assets and income, any award of temporary spousal support, the conduct of the parties, and any other relevant factors the court deems appropriate.

    You can reach Martin D. Koop at (419) 447-2521 or martinkoop@martinkoop.com. Martin Koop is an attorney licensed... more
  3. Karri Ann Peck

    Contributor Level 6

    2

    Lawyers agree

    Answered . I know Legal Aid can't take every case, but it may be worth a try. Also, contact the local bar association. Some bar associations require members to do pro bono work in order to be on their referral lists. While it may be possible to have attorney fees awarded, the problem is that attorneys require their retainer fee upfront. Domestic attorneys cannot work on a contingency fee. Keep calling to see if any attorneys will offer payment plans. Contact family to see if they will loan you money for an attorney.

  4. Lee Alan Thompson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You have options. First, the court can award you attorney fees to level the playing field. You can also talk to attorneys that do divorce work and see if you can find one that will work with you on fees. But see the attorneys, don't talk on the phone. You want to make sure you can establish a rapport with the attorney that ends up representing you. At least go in and talk though. Many attorneys offer a free initial consultation.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful"... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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