If he earns $140,000 per year and you work part time due to asthma and have custody of your 9 year old, you should be able to get an order directing him to pay some or all of your legal fees. You may need to consult with several attorneys before you find one willing to help you out without an advance retainer. You can also check with legal aid or your local bar association for a referral or an attorney who might be willing to take your case pro bono.
If your husband is the monied spouse he will have to pay for your lawyer. Go talk to someone local and get to court!
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You should also be able to obtain some attorney fees while the action is pending. Child support will be virtually assured, and from your facts, you will get temporary spousal support while the action is pending. Your chances are good. Unfortunately, your a little bit too far for me. Call your local bar association for some referrals.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice which requires all the details, nor creates an attorney client relationship.
Many lawyers, such as myself, will take a relatively small retainer ($1500) until the make a motion to get your husband to pay your legal fees. You most likely will get a child support and spousal support award and eventually get your share of his retirement. Call an attorney to get more specific advice
Howard E. Knispel, Esq
The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589
On several occasions, I have worked out an arrangement with clients where there is no attorney's fee required up front with the understanding that the fee will be paid by the other spouse. Please feel free to call my office to discuss the matter or contact the Nassau County Bar Association.
It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="http://www.LouisLSternbergLaw.com">Please visit us on the web.</a>