When a wife with no job files for divorce how does the lawyer get paid? Will it cost more filing for adultery with good proof?

Asked 9 months ago - Singer, LA

I have video and pics from his phone (on our computer) of his cheating, I have emails and there is the chance she's pregnant. Also have recites from things he's bought but never buys and photo copies of checkbook entries that aren't form US. And he's begun lying about how much money we have. Has gifts from her in our truck plus some cards. i have pics of all these, that i took. He is constantly calling, getting calls, texting and getting texts from her.

Attorney answers (3)

  1. Lauren G. Coleman

    Contributor Level 16

    1

    Lawyer agrees

    Answered . You will have to figure out a way to pay the attorney in the beginning. The attorney fees for the divorce are a community debt and you can make that claim when dividing the community property but that does not occur until after the divorce unless you come to an agreement before the divorce is final. The proof you listed is what is called circumstantial proof and it is not sufficient to prove adultery but with other proof it would. Since Louisiana allows no fault divorce there is really no reason to prove adultery except for the issue of permanent spousal support and then it only prevents one from receiving spousal support, not obtaining spousal support. It would be less expensive to file for divorce based upon living separate and apart for the required amount of time since that does not require any more proof than an affidavit. To prove up adultery in a divorce would be much more expensive.

    Every situation is different and you should consult your own attorney to go over all the particular facts in your... more
  2. Dean George Tsourakis

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . The court can order the party with the most funds to pay for both parties.

  3. Lee Alan Thompson

    Contributor Level 20

    Answered . The court always has jurisdiction to award attorney fees. The court should want to level the playing field. Based on the facts, the wife stands a very good chance of getting an attorney fee award.

    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.

Adultery: When Your Spouse is Unfaithful

Adultery is when one or more parties involved in sexual relations are married, but not to each other. It is a leading cause of divorce.

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