What If I Received Divorce Papers But Can't Afford a Lawyer?
The end of a marriage is bad enough, but when you are served with divorce papers and can't afford a lawyer, it is easy to become overwhelmed. Because divorce is a serious process, the results of which could have significant impact on your life, it is important to become aware of all resources available to you. You may be able to get a judge to order your spouse to pay your attorney's fees, or you may be able to take advantage of low-cost legal representation and education in your community.
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Divorce
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Divorce is a legal proceeding that ends a marriage. While some divorces are simple and straightforward, they can become very complex if a couple is raising children, owns a business or if their finances are particularly complicated. In such cases, it is a good idea for each spouse to hire a lawyer.
Low-Cost Legal Help
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If you cannot afford a lawyer, you may still be able to obtain legal assistance with your divorce. Many communities have Legal Aid Societies that can refer you to lawyers who might take your case for free or at a reduced cost. The Legal Aid Society also can educate you on your rights, help you make sense of any legal papers you are sent and guide you through the divorce process. Your state or local bar association may offer a similar referral service. In some cases, the courthouse where your case is filed may have staff that can assist you with your paperwork, so be sure and ask about these services.
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Pendente Lite Hearing
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If you know that your spouse has income and assets, you can request a "pendente lite hearing." At this hearing, you can ask a judge for support prior to your divorce, and this support can include attorney fees. The forms for requesting this hearing are usually available at your courthouse or you can ask the Legal Aid Society to show you where you can obtain the forms.
Court Fee Relief
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When you are served with divorce papers, you are typically required to pay an appearance fee for when you go to court. If you cannot pay these fees, don't panic. Most courts provide fee waivers for low-income people. Call the courthouse or your Legal Aid Society and ask about getting the papers you need. Be sure to file them right away, so you can get your waiver before your court date.
Warning
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Never ignore divorce papers, even if you don't want to fight the divorce or you can't afford a lawyer. If you ignore the papers, a default judgment of divorce can be entered, and you may find yourself in a worse financial state than you are already in. At the minimum, show up in court on the day of your divorce hearing, so you can tell the judge your side of the story.
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References
- Photo Credit gavel image by Cora Reed from Fotolia.com
