Dallas, TX asked in Divorce and Family Law for California

Q: Can my husbands divorce attorney advise my husband not to give me any money for 4 months? I was dependent on him?

I have not received any money from my husband my utilities were not paid until today after 3 months. I have no money for a lawyer and we have a hearing 6/14 and my lawyer is MIA she took my retainer but has not done anything for me but file my response,

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, divorce proceedings involve a complex legal process that aims to ensure fairness and protection for both parties involved.

Spousal Support: In divorce cases, the court may order spousal support, also known as alimony, to be paid by one spouse to the other. Spousal support is typically determined based on various factors, such as the length of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage.

Legal Advice: Your husband's divorce attorney's role is to represent your husband's interests during the divorce process. While it is generally expected for each party to have their own attorney, it is essential to note that an attorney's advice should align with the law and the best interests of their client. An attorney cannot ethically advise their client to withhold necessary financial support if it is mandated by court orders or if it would create undue hardship for the dependent spouse.

Financial Support: If you are financially dependent on your husband and facing difficulties meeting your basic needs, you may be entitled to temporary spousal support or other financial assistance during the divorce proceedings. It is crucial to discuss your financial situation and concerns with your attorney, even if they have been unresponsive. Consider trying to reach out to them through various channels to ensure effective communication.

Seeking Legal Assistance: If your current attorney has been unresponsive and you are dissatisfied with their services, you may need to consider taking appropriate action. You have the right to seek alternative legal representation. If you are unable to afford an attorney, you can explore options such as legal aid organizations or pro bono services that may be available in your area.

Court Hearing: It is important to prepare for your upcoming hearing, even if you feel unsupported by your current attorney. Make sure to gather any relevant documents and evidence that support your case, such as financial records, bills, and any correspondence related to the divorce. Consider consulting with another attorney or seeking assistance from legal aid organizations to ensure you are adequately prepared.

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