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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?

Niagara Falls, NY |
Attorney answers 6

Posted

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.

Posted

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

Posted

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 establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. A response is not intended to create, nor does it create, a continuing duty to respond.

Susan Kathleen Duke

Susan Kathleen Duke

Posted

New York is not a community property state.

Veleka Eskinde

Veleka Eskinde

Posted

I qualify the first sentence in my response, since I am in a Civil Law regime in Louisiana. The explanation provided, however, is correct for my jurisdiction and the fraction of 50/50% split of assets provided in my answer still applies to all married persons as to the division of assets, generally. Thanks for the clarification.

Joseph S Hubicki

Joseph S Hubicki

Posted

That is incorrect. New York is not a community property state, and the division of assets is determined by a number of factors, and often is not 50/50.

Veleka Eskinde

Veleka Eskinde

Posted

"Generally" is not absolute. And I stand by the qualifer, noting that my answer is correct for my jurisdiction. Again, "50/50% split of assets provided in my answer still applies to all married persons as to the division of assets (unless separate property or some prenuptial agreement exists) , "generally." Furthermore, these answers are meant to be helpful. I will state once more, the answer provided is correct for my my jurisdition. Please reread my response to Ms. Duke again. And, also, if the person who posted this answer contacts an attorney for services it will be in their jurisdiction (presumably N.Y.). I am pretty sure they understand that. BTW, 11 states have a community property regime in the U.S. The remaining 39 have an equitable division of assets.

Posted

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.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Posted

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.

Posted

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."

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 nor creates an attorney client relationship which requires all the details and a personal conference.