Q: married 21 years judge ordered my divorce in 2002 my life was in danger my ex makes good money but i never got alimony

A: First you MUST get a copy of the court order for the divorce. It is called the "Judgment." You can get this in the records department of the courthouse where the divorce was granted. The cost is 50 cents per page. You can also get the records for free, but you first have to fill out forms for a "fee waiver" to prove that your income is low. These are forms FW-001 and FW-003. You can get help preparing the fee waiver forms at the Self-Help Center for free. Every family law court in California has a "Self Help" Center.

After you get the Judgment you should take it to an attorney to read it. The first question will be: Did you give up your rights to alimony in the divorce? If the answer is no, then you can go back to court now and ask for the alimony. The new word for alimony is "spousal support." If you did give up your rights to spousal support, it may be possible to reverse that. But you need a family law attorney to look into that. You can't make that decision on your own. I would recommend that you do NOT give up until you have talked to as least three family law attorneys and they all give you the same answer.

The judgment could say: "The Court retains jurisdiction over the issue of spousal support." That is probably what it says and if it says that or something similar then it is not too late. You MUST have a family law attorney read the judgment.

Assuming it is not too late, you need to file a form called "Request For Order." It is form FL-300. The Self-Help Center can prepare these papers for you. Their services are free. You will have to file the "Request For Order" papers in the same courthouse where your divorce was granted. You will also need to fill out a second form called "Income and Expense Declaration" upon which you list your income or lack of income and expenses. This form is number FL-150. The Self-Help Center can also help you with this one. Normally there is a court fee of $90 to file a Request For Order, but if you are homeless, it is very likely your income is low enough that you will not have to pay the $90. However instead of paying the $90, you will need to fill out the form requesting a fee waiver. It is form FW-001. You will also need the fee waiver order, form FW-003.

After you file the forms, you will get a court date. The court date will be 2-3 months later. Even though your husband will have an attorney, it does NOT mean that you will lose. In fact I would be surprised if you lost. Having an attorney does not determine whether you win or lose. The judge has to follow the law. There is no requirement that you have an attorney in the family law court. Believe it or not more than half of the people in family law court do NOT have attorneys. The judges are used to it. Also there are a few law offices that will take selected family law cases for free.

Most importantly: Do NOT give up!