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Can an immigrant who makes less money than her American husband have him pay for her legal fees for the divorce?

Ventura, CA |

Can I have my husband who dicided to get divorced a year ago, pay for my attorney fees?? I am permanent resident and I know he is my sponsor.

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Attorney answers 2


I am not licensed to practice in California but usually attorneys fees are paid by the individual incurring the fees. However, there may exist factors that allow you to argue for your fees to be paid (for instance, if he makes significantly more than you and has an ability to pay the fees) or you may attempt to seek a greater share of the assets to offset your expenses. Seek legal counsel to determine the best route for yourself and to ensure you have the greatest protections possible in your divorce.


Most spouses who earn less ask for the higher earning spouse to pay their legal fees. You will find some attorneys who will take a case expecting the opposing spouse to pay their fees. You can find a family law attorney on Avvo who will probably work out a fee arrangement with you.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.