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Last year i filed for a divorce an called it off bc he wouldn't give me any money

Ypsilanti, MI |

He would not give me half of r tax money or give money at all so i felt no choice but to cancel the divorce, I really don't want in this marriage,
what can i do?

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Attorney answers 5

Best Answer
Posted

In Michigan, if you cannot afford a divorce attorney because your spouse has or controls all of the money, you can request that the court order your spouse to pay for your attorney! It is a rare exception from the general rule that the parties to a legal action have to pay for their own attorney. You can also file a motion for temporary custody and child support while the divorce is pending! Plus, virtually every divorce case in Michigan will be ordered to mediation long before there is an expense trial to worry about. Most divorces are resolved prior to or during mediation. Therefore, you really have more options than you might think. Feel free to contact me if you have any other questions or concerns about divorce in Michigan.

DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com

Posted

It depends how badly you REALLY want the divorce. You can sue for divorce and spend months and months fighting over what I'm gathering isn't a huge amount of money, or you can simply walk away with your divorce. If you absolutely cannot survive without the money coming to you, then you need to hire an attorney and be prepared for a long, expensive fight. If he won't budge, he won't budge until a judge makes him budge. It's your choice. For my clients I tell them this - you (and you alone) have to decide where your line in the sand is - if it's money, then be prepared to spend a lot (or all of it or more) to get it. Otherwise, move on with your life and be happy.

This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.

Asker

Posted

It's hard with nine kids... he wont leave he budge from nothing ten thousand dollars is to fight over when i have so many kids to take care of on my own an to move away from him on... thank you for your answer

Christine Marie Heckler

Christine Marie Heckler

Posted

In Michigan, if you cannot afford a divorce attorney because your spouse has or controls all of the money, you can request that the court order your spouse to pay for your attorney! It is a rare exception from the general rule that the parties to a legal action have to pay for their own attorney. You can also file a motion for temporary custody and child support while the divorce is pending! Plus, virtually every divorce case in Michigan will be ordered to mediation long before there is an expense trial to worry about. Most divorces are resolved prior to or during mediation. Therefore, you really have more options than you might think. Feel free to contact me if you have any other questions or concerns about divorce in Michigan.

Asker

Posted

Thank you Christine no i didn't know that. i've never worked a day in my life an wouldn't have a clue on what steps are needed... i have no support from anyone., i will be contacting you soon. and yes he controls everything even who i talk to., thank you very much for answer my question very big help...

Asker

Posted

Also is it legal for him to record me? Also look up my phone records n witch is not in his name or my friends phone records??

Michael J Corbin

Michael J Corbin

Posted

Although I cannot comment on how often a MI judge will force a spouse to pay for the attorney of another, I can say that, given what the poster stated - that she wants relatively small amounts of money (i.e., 1/2 of a tax refund - it can't be THAT much), I highly doubt that the spouse can reasonably afford both his and her legal representation. I agree she can certainly ask for it. She can also apply to legal aid for an attorney. BUT, the fact is that, given the situation represented by the poster, I doubt there is much in the way of income to spread around. Hence my original answer. Don't be surprised if things aren't simply given out - plus the temporary and permanent support payments may not be as much as you'd think. Certainly, speak with an attorney. But, you also need to be realistic. You don't mention how your husband "looked up" phone records - what, exactly, are you talking about there?

Christine Marie Heckler

Christine Marie Heckler

Posted

My point was simply that there are legitimate options that may make divorce more economically feasible than the original response implied. It is certainly worth at least having a free consultation with an attorney to discuss further. This is especially true since the parties share 9 children; divorces are about a lot more than money. As for legal aid, they are so swamped in Michigan that they will typically only accept a divorce case if there is domestic abuse involved. P.S. I'm not sure about the law in Minnesota, but in Michigan the law on eavesdropping is somewhat nuanced. It is illegal to secretly record the conversations "of others." However, the Michigan Court of Appeals has interpreted this to mean that a person who is a part of the conversation can secretly record that conversation without telling the other person. That means that your husband can record conversations between the two of you, but he cannot secretly record conversations between you and someone else. However, even if he legally records a conversation between the two of you, you may have an invasion of privacy claim as to how that recording is broadcast.

Asker

Posted

No i didn't know i was being recorded,.. untill he told me. it dosent matter about money i feel half is mine for are childrens needs... he went online at some web site paid an got my whole history an my friends phones too.. and what judge in their right mind wouldn't make him pay the max i'd sure push for it,,

Asker

Posted

Oh i forgot the judge did agree my motion for him to help pay for my lawyer, thank you both for answering me i'm really learning both sides of the fence here... i will fight no matter what....

Posted

I don't know what state you live in, but can suggest the following:
You should contact an attorney in the state in which you live. The courts have the ability, once you file for divorce, to enter orders that will require your husband to continue to support the household as he has been doingl in other words, to pay the bills and give you money for your expenses, whether you are living in the same house or living apart.
If you have children, the court can order him to pay child support if you and he are not living together.

Contact an attorney.

Asker

Posted

Thank you very much

Posted

You should talk to an attorney for advice on what your rights are and what to expect. A court can force your husband to share in any refunds from taxes and also support for you depending upon the circumstances of your divorce. Good luck to you.

Henry Gornbein

Asker

Posted

Thank you very much...

Posted

Dear Avvo subscriber,

In general, it is always best to consult with a family law attorney on all the relevant and particular facts in your matter.

The answer to your question first depends upon which state has jurisdiction over the matter. My answer will assume Michigan courts have jurisdiction.

If I were in your position I would consider requesting the court for attorney fees. The relevant Michigan court rule, MCR 3.206(C) provides guidance. Pursuant to this court rule, you can request attorney fees at any time and you must demonstrate enough facts to show that you are unable to bear the expense of the action and that your spouse is able to pay. Whether you are awarded attorney fees heavily depends on the facts of your case.

This request for attorney fees can be done in the form of a "Motion for Attorney Fees." Of course, you must have already filed a complaint for divorce prior to filing the motion.

If it is a pre-judgment motion it is typically cheaper than motions filed post-judgment.

Another option is to ask your attorney to try and negotiate with your spouse's attorney for the provision of attorney fees even before you file. If you both agree, you may be able to get into pre-filing mediation which can be a lot cheaper as well.

Lana Panagoulia Law handles all types of domestic cases and you are welcome to contact us for a free telephone consultation. Hopefully we will be better able to assist you.

Very Truly Yours,

Lana Panagoulia
Attorney and Counselor at Law
(734) 769-LANA (5262)
www.lanalegal.com

Lana Panagoulia Law, PLLC
The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent
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