Q: Beyond the Motion, what else do I need in filing a Motion for Interim Attorney Fees?
In March 2023, my wife filed for divorce in Dallas, TX which is where we both live. I responded with my Answer and Counter Petition. We're in the discovery phase after completing Initial Required Disclosures. She hired an attorney using her substantial cash reserves, while I lack financial resources. I'm representing myself but need an attorney to completely take over the handling of my case. I'll submit a Motion for Interim Attorney fees to seek court intervention for my wife to cover the costs. Should I include any other documents?
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A: We really cannot provide legal advice online. The asker should call around and shop around. One may be surprised at how some attorneys charge low, fixed fees for complicated work.
A:
When you submit your Motion for Interim Attorney's Fees in Texas, you're essentially asking the court to order your spouse to pay for your legal representation. It's important to understand that most attorneys consider the award of attorney's fees by the other spouse to be a reimbursement to you, and most attorneys will not wait to get paid from the other spouse. They will likely require an upfront retainer.
In terms of documentation, you'll need to provide sufficient evidence demonstrating your financial need and your spouse's ability to pay. This could include:
Financial Information Statement: This document details your income, expenses, assets, and liabilities, showing that you're financially unable to retain an attorney on your own.
Discovery Documents: These documents may include bank statements, pay stubs, tax returns, or any other relevant documents that provide proof of your current financial situation and that of your spouse.
Proposed Order: You should also include a proposed order granting your request for attorney's fees for the judge to sign.
It is crucial to clearly articulate in your motion the need for legal representation, your current financial situation, the financial disparity between you and your spouse, and the potential for the divorce proceedings to be unfairly skewed without legal representation.
Also, once you have prepared and filed your motion you will need to set it for a hearing and give the other party notice.
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