A mom writes in asking for advice about filing for divorce. She says she is about to start going through a divorce, and as a stay-at-home mom, she has no money or income to help her with this expensive legal matter. How can someone with no expendable income afford a lawyer, even if she needs one for something like a divorce? Below, the community weighs in with some advice for this mom-in-need.
A member of the community asks:
“How did you file a divorce with no money?
Hey mamas, have any of you gone through a divorce with no money because you were a stay at home mom and your husband has all the money? How did you pay your lawyer? And did he try to file for custody to avoid paying child support? How did you pay a lawyer when he’s got money and you don’t have anything? Thank you!”
Community Advice for This Mom Who Needs to File for Divorce but Who Has No Money
To see what advice the Mamas Uncut Facebook community has for this mom in need, read the comments of the post embedded below.
The community offered this mom in need a lot of great advice. Read some of their responses below.
“The income your husband brings home is still your income. You are entitled to use it —even if it’s for a divorce attorney.”
“When you file your paperwork file for a fee waiver. Use the self-help office usually provided at the courthouse to get help from the paralegals to fill out paperwork. You can do most filing by yourself. Talk to attorneys who offer free consultations to get an idea of what can be done for you. Many times in filing and court proceedings you can request the court orders the other side pays your attorney fees. May not always get granted but it’s always worth a shot.”
“Call your local courthouse I’ll have a legal aid department that will help you file the paperwork and all and by the way, if you’re married that’s not just his money it’s your money too.”
“My lawyer knew my ex and his girlfriend. He hates them both he knew I made less then $500 a month so he did mine for free.”
“You can apply for an exemption of fees; legal aid might help. Also, request that he pays for your lawyer. Since he controls all the money in the marriage you can claim financial abuse/control. As far as custody, he’s most likely going to get 50/50 unless you have proof abuse, neglect, or otherwise unfit parenting (does drugs or lives with a drug dealer, for example).”
“If you’re still married then you’re entitled to half the money. Stay at home mom or not. Get a consult with a divorce attorney. Some do the consult for free so just call around until you find one. Your husband can’t legally cut you off without some type of support if you’re a stay at home mom. Especially if you’ve always been one.”
“We went through a mediator; it still costs money but it was way cheaper. But I let him keep his pension and 401k, ATV, boat, truck and he should have given me $550 a week in child support and I took $375 (just enough to know I could cover the mortgage) and all I wanted was the kids and house. But I would have settled with the kids.”
“In Texas, check with Legal Aid. They did my divorce.”
“I did it on my own with help from a lawyer at the courthouse. I was only allowed to talk to her 3 times for free, but she absolutely helped answer all my questions. It also helped that we only had kids together so there wasn’t a need to split assets.”
“It is under $500 to file yourself without a lawyer. If it is a simple divorce, maybe you can apply for legal aid.”
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