Los Angeles, CA asked in Divorce and Family Law for California

Q: What can I do if I cannot afford an attorney and my husband is an attorney and has retained one?

4 Lawyer Answers

A: The parties in a family law case are entitled to equal access to legal representation. If he can afford to hire an attorney, he can probably afford to contribute to the cost of you retaining an attorney. You just need to ask. You can file a motion with the court (called a "Request for Order") and ask for spousal support along with assistance with your legal fees.

Robert Kane agrees with this answer

A: Request for Attorney's Fees and Costs Attachment (FL-319)

A: Ask that you attorney's fees be advanced by your husband. Speak with a local attorney about this.

James L. Arrasmith
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Answered

A: If you cannot afford an attorney while your husband has retained one, there are still options to ensure you have legal support. Start by reaching out to your local courthouse or legal aid organizations in your area. Many provide free or low-cost assistance to individuals in your situation. Self-help centers at courthouses can also guide you through the process and provide access to resources such as forms and instructions.

You may also qualify for a court-appointed attorney in certain situations, such as child custody cases. Requesting that the court order your spouse to pay for your legal fees is another possibility. California courts recognize the importance of equal representation and may require the higher-earning spouse to contribute to the other’s legal expenses to create a fair playing field.

Finally, consider exploring pro bono services, where attorneys volunteer their time to assist those in need. Law schools often have clinics that provide legal guidance as well. While this situation can feel overwhelming, many resources exist to help you navigate your case effectively. Don’t hesitate to seek help and advocate for your rights.

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