divorce question

Reply Thu 16 Jun, 2011 06:22 am
My mother has been trying to get a divorce for the last 2 yrs; and she believe it or not is now 87. she and her spouse get social security checks and that is the money that they have coming in. They have a small house that they have a mortgage on. The lawyer has eeked out all of the money that can possibly be eeked out, and now there is no more money to be had. The last that she was told was that she needed to come up with another $ 3,000.00. The only way that she could pay this amount would be to make monthly pmts. The lawyer said that if they did not get the $3000.00 that they could not represent her in court, and that she would have to represent herself. She said that she could in no way do that. Does she have any recourse? Would a lawyer be appointed to her? What can she do at this point?
Actually all that is left to do, is to take it before the judge, as everything else has been done already. Please advise. thanks
  • Topic Stats
  • Top Replies
  • Link to this Topic
Type: Question • Score: 2 • Views: 1,263 • Replies: 3
No top replies

Reply Thu 16 Jun, 2011 06:29 am
This seems more complicated than you indicate.

Are there a lot of assets that need to be divided? or some other complications?

There must be an hourly rate charged by this lawyer. Your mother should know exactly where she stands on her "bill."

The lawyer knows the financial status of this couple. Why does SHE have to come up with the costs/

Reply Thu 16 Jun, 2011 07:31 am
PUNKEY wrote:
The lawyer knows the financial status of this couple. Why does SHE have to come up with the costs/

As I understand what the OP is saying, the OP's mother is being told by her attorney that the retainer that she has paid to get the attorney to represent her has run out, and he/she needs to be paid another $3,000 in order to continue to represent her in the divorce case.

In answer to the OP's question, your mother is able to represent herself. Although it is certainly advisable to be represented by an attorney, one is not required. And if your mother does not have the money to afford private counsel, and assuming she is not able to get representation through legal aid, self-representation may be her only option. I would suggest you check with the local bar association to see if they have any low cost or pro bono options available. It is extremely unlikely the court would appoint an attorney to represent her at no cost -- I've never heard of that ever happening in a divorce case.
0 Replies
Reply Thu 16 Jun, 2011 03:27 pm
There is no reason for your mother to wait or to continue paying a lawyer who is not acting in her best interest. Your mother can do a do-it-yourself divorce. That's what I did when I divorced my husband many years ago. I completed and filed the papers with the court, served the papers on my husband, waited the appropriate amount of time, made an appearance in court and we were divorced about a year later.

The difference is that we had no children or assets to fight over who gets what. Your mother's divorce could be more complicated and she'll have to be very careful to make sure her rights and interests are protected.

Do a google search on "do it yourself divorce" and you'll find several sites that offer the forms for every state in the US.

Nolo Press used to have some good booklets that were helpful in self representation in a divorce. Take a look online and check them out at the library if you can't afford to buy them.
0 Replies

Related Topics

  1. Forums
  2. » divorce question
Copyright © 2021 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.03 seconds on 06/19/2021 at 09:47:25