Q: I’m separated. I have no income, Lawyer says I’m eligible for maintenance but no word back from lawyer in months?Normal?
I’m separated and going through a divorce. NYS. I have no income. My spouse is a doctor and makes $300k annually. I’ve mentioned to my lawyer that bills are piling up and I’ve exhausted my savings. Lawyer said I should be eligible for spousal maintenance while we are in the divorce process. We’ve discussed this several times, the last phone call was roughly a month ago, my lawyer stated he would be in touch with my spouses lawyer and would circle back to me. It’s been about a month now and no word at all from my lawyer. Meanwhile my auto insurance, cell phone and other utilities are set to be disconnected and cancelled. I’m not sure what to do as my lawyer is not communicating with me. Does anyone have any advice? What are my options??
A: I know that a month seems like a long time, but in divorce cases it is not. Your lawyer may be trying to resolve this withour court intervention. That may mean negotiation, exchanging financial documents, etc. If that does not work, your lawyer can file an emergency Order To Show Cause, but that could still take months. Be patient.
A:
I would try contacting your attorney again by phone and by email. If you are not able to get a response in a reasonable amount of time (3 days) let the attorney know that you may have to file a complaint if you don't hear back.
Alternatively, you can try to retain new counsel. If you qualify, there are pro bono or sliding-scale divorce services through most local bar associations. Good Luck.
A: A spouse may file by order to show cause in NYS for "pendente relief" for emergency or quick turnaround on a spousal maintenance decision from the Supreme Court in which your divorce is being litigated.
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