Looking for pro bono divorce lawyer in SC. Current separation/maintenance agreement does not allow funds to seek counsel.

Asked about 5 years ago - Fountain Inn, SC

My wife and I entered into a separation agreement in Sept where I, without counsel and trusting her to abide by her word, agreed to child support, alimony, and continuation of her car payment.

I have kept my agreement faithfully, even though a reduction in hours at work has left me living on $600-$900/month while paying her $1500 /month.

The initial divorce complaint requested that I not have overnight visits with my 3 kids until completing anger management classes -- no mention of that in the separation order, yet she enforces that as if it were legally binding.

With the reduction in hours, I cannot afford mediation or an attorney. She has initiated the paperwork for finalizing the divorce and wants me to just sign off - -accepting the same agreement as before. I cannot do that.

Attorney answers (2)

  1. Theodore W. Robinson

    Contributor Level 20

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    Lawyer agrees

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    Answered . I don't practice in your state, but here is my answer nonetheless.

    If you already have an agreement in place, it should be binding upon both of you as it stands. You may have a defense to it if you're unsatisfied because you signed it without an attorney, however, that would be a long road to overturn it after some time has passed.

    I suggest you hire an attorney and work our a payment plan with him/her so you have competent counsel to represent you. Otherwise, you'll likely have a problem on your hands.

    Good luck.

  2. Lucreita D. Becude

    Contributor Level 14

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    Lawyer agrees

    1

    Answered . You can contest anything. I do not practice in SC but orginally am from SC. I practice in Florida. However, you can ask for a mediation with her and her attorney and if you can not come to a settlement then let her attorney request a hearing on the matter. You can represent yourself as he will have to notify you of the hearing. Most judges will give the leave way to explain your situation. Go on line and get the financial documents required and fill them out and ask her attorney to do the same. You will need this in order to show what the disparity is in the income. As to anger management, and not knowing the issue here, do the classes and get them out of the way. Then request that she too attend these classes and complete the course. Ask for a certification of her attendance. Also is you can not afford an attorney, you can apply at any legal aid office in your area and see if you qualify for a pro bono attorney. Also, call some of the local attorneys in your area and see if they offer payment plans. With this economy, I am sure you will have no problem.

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