Q: My sister is disabled due to MS...her husband is divorcing her after 30 plus years , calling it a Medicaid divorce. Her
Only income is her disability payment. She has no extra income for a lawyer. Her husband has a large amount of debt and their home is in both names. Probono possible?
A: What is sometimes referred to as a "Medicaid divorce" from experience, this may involve certain less than ethical maneuvers that your sister may need to be concerned about and I will not advise or comment about. Your sister needs help and advice for sure. The need for an attorney is clear; she is in a long term marriage. Her income is fixed and limited. Her ability to become self supporting is unlikely and that would impact any disability payment she is receiving. Although you indicate that the marriage has significant debt, you do not indicate if her husband is employed or capable of supporting himself and her, the existence of debt notwithstanding. Also, just because someone has debt it does not necessarily mean they are totally without assets, meaning, the ability to afford to retain counsel for your sister which if not paid voluntarily could be ordered by the court upon your sister's application for counsel fees. I would advise your sister to tread carefully here and get counsel asap. It is not easy to find a pro bono divorce attorney. I would suggest that she contact the following to see if they can assist her: The Volunteers Lawyer Project (Hempstead); 516-292-8229 and the Pro Bono Project (Islandia); 631-232-2400.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.