I'm going through a divorce and can't afford an attorney, what should I do?

Question

Sorry, this is kind of a long story.

My wife and I are separated, she cheated on me with her friends brother and then moved out of our home and moved into his home.  While she was with me she was abusive to our daughter (only once that I saw and got pictures of).  When I confronted her about the bruises left on our daughter's leg, she claimed that she had the right to punish her daughter as she saw fit.  After she left, there has been absolutely no contact.  She hasn't called, sent texts, or tried to come by the house to see her daughter.  It's been over six months, and I have filed the petition for divorce.  Our hearing was today, but yesterday her attorney came to the court house to file for a continuance.

Well, today I took my daughter over to see my in-laws for the first time in several weeks and they informed me that the reason my wife asked for a continuance is because she was going to sue for full-custody of my daughter so that she wouldn't have to pay me for child-support, so that I would have to pay her.

My lawyer has informed me that since it is no longer a simple, uncontested divorce it is going to cost more and he won't do anything to help me until I pay him, but I can't afford it.

Child-support is not an issue for me, I don't care if she doesn't want to pay, she doesn't have to pay.  If she doesn't want to see her daughter, fine.  I just don't want my daughter to be put into harms way.  Which I feel she would be if I let her live with my wife.

Does anyone know of anything I can do?  A lawyer service that will help me pro bono (fancy word for free).

innerradiancecoaching · Accepted Answer

Try this link.  It lists legal aid offices by state.

http://www.lsc.gov/find-legal-aid?gclid=CLaQsqPmqLgCFSUV7AodcVUAAw

Also hopefully you have pictures of the bruises on your daughter.  Document everything that has been said and/or done regarding her relationship with your daughter.  Write a list including dates, times, names, etc. that will give a true picture of how she treats your daughter and list your concerns about the life  your daughter might lead if she is allowed full custody.  Line up people who have first hand knowledge and ask them to write statements of what they saw/heard and get those statements notarized.  If they are reluctant witnesses, your lawyer can tell you how to handle that.  You don't say how old your daughter is but if she's old enough, her testimony will also be helpful.  Best of luck to you.

Anonymous · Answer

If you owned the business before you were married, it is doubtful that she could get half of it, but by getting half, she would also inherit half the debt. So the thing is, she can ask for anything she wants, it doesn't mean that she will get it. Most courts will not grant full custody to either parent unless there is a reason (abuse, misconduct, etc.). Don't sign anything. Make her take it all the way to court. If it goes that far, be prepared to show the judge the financial records of the business, show the judge that you are a good parent, and show the judge that you cannot possibly afford alimony. If she is working, it is doubtful that she will get alimony anyway. If it does get to the point of going to court, perhaps there are some assets you could sell to get the money for a lawyer. The main thing is do not agree to anything, do not sign anything, and do not give in on what you think is right. Just because she has a lawyer does not guarantee her anything.

Anonymous · Answer

Try legal aid or a court appointed lawyer.

Girish Mehta · Answer

My dear friend, you are right in all respects. But law is what is decided by judge. There will be charity institutions which may help you. Try it out.

Trending News

I'm going through a divorce and can't afford an attorney, what should I do?

4 Answers