If you are going through a divorce and you are the spouse who is without sufficient access to funds, by which to retain or continue the services of a divorce attorney, then this video is for you.
It matters not whether your lack of access to funds is because of some wrongdoing on the part of your spouse or because of a substantial disparity in income between the two of you. Either of these reasons may qualify you for an award of interim attorney’s fees and expenses at the temporary orders stage of a divorce.
Section 6.502 of the Texas Family Code specifically provides for such relief as a means for the court to preserve the parties’ property or to protect them. If you are not involved in a Texas case and are wondering if this type of interim relief is available in other jurisdictions, the short answer is “Yes!”.
Mr. Amin did a survey of similar laws in nine of the other most populous states; namely, California, Florida, New York, Pennsylvania, Illinois, Ohio, Georgia, North Carolina & Michigan. What he found is that they all appear to provide a legal basis for an award of interim fees and expenses. If you need help finding these laws, please identify the state you are asking about and post your request in the “Comments” section of this video.
Even if you are not involved in a Texas divorce, you can benefit from this video. It will give you a basic understanding of the general procedure by which one seeks this type of relief. Of course, you will still need to research the substantive, procedural and evidentiary nuances applicable to your jurisdiction of interest. Then, with a little elbow grease, you might be able to modify, supplement, and / or adapt the Texas version of these court papers for your purposes.
If you have limited access to the marital finances, then you may have much difficulty finding a family law attorney to take your case. This is because most attorneys will require you to put down a substantial retainer of several thousand dollars before agreeing to get involved in a contested divorce. Typically, attorneys are not willing to lend their time upfront and simply rely on the hope of getting paid through a favorable interim relief order down the road. Most attorneys will want their money in-hand before getting started.
I want you to be mindful of how many divorce attorneys make money. They know that most clients cannot afford their exorbitant hourly rates for very long. They also know that even a $5,000 to $10,000 retainer will only get many clients about 25% of the way through a contested divorce. Essentially what happens is that the lawyer skims your liquid cash in exchange for working on some initial, rudimentary pleadings, motions, and discovery. Then, when you can no longer afford to pay, the lawyer withdraws from representation; leaving you to do all the heavy lifting as a pro se litigant.
In this video you will learn how to circumvent this dilemma by “teeing up” your case in a very specific manner.
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