My husband filed for divorce, I have one son and I don't work. I don't want the divorce so do I have to pay for my own attorney?

Asked over 1 year ago - Niagara Falls, NY

My name is not on the title of our house, although we bought it after we married. Am I entitled to 50% assets?

Attorney answers (6)

  1. Susan Kathleen Duke

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . Yes, you are entitled to an equitable share (usually 50%) of the assets. Whether or not your husband will have to contribute to your fees depends on his income and ability to pay rather than who wants the divorce.

  2. Jayson Lutzky

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You have the right to request that your husband pay for your attorney, if there is a substantial difference in income. The assets that were acquired during the term of the marriage are subject to equitable distribution irrespective of the name on the title of the asset. The percentage that you are entitled to is negotiable. You may also be entitled to spousal maintenance, child support, child care and medical coverage for your minor (under 21) child and yourself. Consult with a local experienced divorce lawyer to assist you.

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  3. Edwin Drantivy

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Generally yes, unless a prenuptial agreement specifying otherwise was executed by the parties.

  4. Morghan L Richardson

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . You are entitled to an equitable share of the marital assets, including the house, regardless of whose name it is titled under. You are also entitled to legal fees. Consult with some attorneys in your area to get a better idea of your rights.

  5. Marco Caviglia

    Pro

    Contributor Level 19

    2

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    Answered . You are responsible for your attorney fees as between you and your attorney, but the court may grant you some or all of your fees as part of the divorce judgment. If the house was bought after the marriage date with funds that were not pre-marital, separate funds of your spouse, it appears to be marital property and you have an equitable interest. That and other marital assets are often divided 50%, but NY is not a community property state, but an equitable distribution state, so at trial, the court could decide to give either spouse more or less than 50% on one or more assets...depending upon what it thinks is "fair."

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  6. Veleka Eskinde

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The community property regime began once you got married. Everything you buy, earn, obtain, (whether or not you were employed), is an assert of the community to which you are entitled to 50%. You may be able to have him pay for the attorney (due to your unemplyment status) since your rights will be affected, and also since you may need alimony (because you don't work), you need to make sure you retain an experienced divorce attorney to protect your interests. Good Luck.

    Information provided in this response is intended to be informational or educational only. It in no way... 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.

Child Support

Child support is the money paid from one parent to another for expenses resulting from the other parent’s custody of a child or children.

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