A successful marriage begins with comparable objectives and dreams for the majority of couples. Tragically, some people’s ideals and aspirations differ, and their marriages lead to divorce. In many cases, separation is amicable, with both parties reaching a settlement that they are happy with. Many divorces, on the other hand, get complex and contentious.
When this happens, the divorce proceedings can stretch for a long period of time, with the parties arguing over different aspects of the marriage, resulting in higher expenses. While no one intends for divorce, the fact is that it is a life-altering change with major financial implications. When you’re going through a divorce, there are a variety of ways to pay for a divorce lawyer without having to spend money.
Several alternatives on how to finance a divorce lawyer without having any money
Mediation
Mediation might be an alternative to explore for certain parties when it comes to resolving the divorce. It allows parties to sort out their disagreements in terms of economics and property distribution without incurring the costs of litigation. Mediation is far less expensive than going to court to get a divorce.
It also provides both parties a chance to sort out their disputes with the assistance of a skilled mediator. Mediators assist parties in reaching a consensus in order to perceive a settlement. Mediation is only effective when both parties have consent.
File for lawyer charges
In rare cases, you can seek the court to force your spouse to pay your legal expenses. While many courts do not force one spouse to pay lawyer costs, in other cases the court may intervene and grant lawyers’ fees to one spouse. In certain cases, the spouse demanding legal costs carries the burden of evidence to demonstrate that they are unable to pay their lawyer.
Use bundling or task-based billing methods
In some cases, you and your lawyer might decide to bill on a bundling or task-based arrangement. Bundled legal services allow a client to hire a lawyer only for the legal services that they require. You might want to engage a lawyer to help you negotiate and resolve child custody and visiting matters, for instance. In these circumstances, picking which legal services you pay can help you in saving a lot of money on legal services.
Get flat-fee billing
Bundling legal services is comparable to flat rates. The client and the lawyer settle on a flat charge for certain services, and the client only makes the flat charge to the lawyer. In ordinary divorces when the parties can come to an agreement outside of court, flat costs are common.
Withdraw money from your pension funds
ATROs, or automatic temporary restraining orders, are used in most jurisdictions to prevent parties from selling assets that are subjected to divorce. Most jurisdictions, however, allow a party to use money from a 401(k) or other pension means to pay for a divorce.
ATROs restrict the following in states where they pertain:
- Purchasing, refinancing, or taking out a loan on the property;
- Borrowing or selling the other spouse’s insurance;
- Changing beneficiaries on pension and life insurance funds
- Shifting bank accounts, or destroying or concealing assets
ATROs are used to prohibit one spouse from altering the financial position of the marriage before the divorce is finalized. Using marital assets to pay reasonable lawyer expenses is generally not a violation of your ATRO.
Obtain a Loan
You might enlist the help of friends or relatives to obtain a loan to cover the costs of your divorce lawyer. Any fees must be paid back according to the terms of the agreement. In some cases, this may be a wise option because the parties can agree on a low-interest rate for the loan repayment. Furthermore, receiving a loan from a friend or family member has no impact on your credit score.
Use credit cards
Though it is not always advised, you may register for a new credit card and then use it to finance your divorce lawyer, based on your circumstances. Divorce processes may quickly become costly, especially in contentious divorces.
As a result, it’s a smart option to assess your financial status to see if taking on more debt is the best decision for you going forward. If you plan to acquire substantial assets from your marriage, for example, you may want to pursue this option to pay off your obligations once your divorce is finalized.
Finance Creatively
Taking up a second job or extra seasonal work, if possible, can assist pay for legal costs. Many companies may recruit those searching for part-time work. Furthermore, working for a ridesharing company may be quite profitable in some areas. When time permits, one appreciates the freedom to work.
Find a pro-bono lawyer
You might want to explore enlisting the help of a pro bono lawyer. A licensed lawyer who volunteers to serve for free is known as a pro bono attorney. Pro bono services give legal assistance to low-income people who are not able to hire a lawyer.
Furthermore, while charging for legal services, many lawyers may elect to take a case pro bono. Consult a legal assistance agency to find pro bono counsel. Legal assistance groups can be accessible in every state. If you do not live in a specific state, you may be able to find a lawyer willing to take your case from another state.
Get a divorce fee waiver (applicable for the destitute)
If you’re contemplating how to file for divorce without money, you’ll be delighted to hear that your state offers an impoverished divorce or fee waiver method that enables you to petition for divorce while also asking the court to dismiss all court fees. This method is meant to assist persons with little financial resources in ending their marriages.
Obtain divorce forms
Obtaining the documents is the very first stage in having the fees waived while filing for divorce. Firstly, search up your local divorce or family court on the internet. You can download or print forms from their website. You’ll have to obtain the necessary paperwork to file for divorce as well as the paperwork to request a fee waiver. Check to find e if there is a manual that will help you through the procedure as well.
You can also obtain the forms from the clerk at the courthouse. They might assist you with the paperwork if you have any concerns. Check to see whether you fulfill the residence criteria in your state. You won’t be eligible to process in your state unless you satisfy the requirements.
Show financial proof
Put every necessary information, including details on the marriage’s children, property, liabilities, dates of the wedding, and grounds for divorce. You must also state if you are seeking child maintenance, alimony, or a partition of marital property. To have your divorce fees excused, you must show the court that you are impoverished, or in need.
You’ll need to show documentation of your earnings (covering Social Security, childcare, disabilities, and salary), property (such as bank balances or automobiles), and liabilities (such as student loans) (credit card, loans, and utility bills). Requests for tax returns are also possible.
The documents will specify the papers the court requires. The good news is that you’ll already be gathering this info because everyone applying for divorce is required to give a financial statement to the court, so this isn’t an added phase.
File for a fee waiver
After you’ve submitted all of the documentation, you’ll have to file it. Notarization will be required for the papers. If you have a bank account, you may have the documents notarized there, or you can request the clerk to notarize them for you at the time of your submitting them.
Follow next steps
Staff from the court or the judge will go through your documents after your filing. A hearing might be required so that the court may interrogate you. Your fee waiver may be granted, or the court may decide to postpone payment, allowing you to pay it afterward. This is normal if your spouse has property and will be giving you a portion of it as part of the divorce settlement or verdict.
Your case will move ahead when the waiver is granted. The most straightforward way to proceed is to present a settlement agreement or to go to court with your spouse and tell the court what you’ve decided too.
Another solution is to continue with the divorce as an amicable divorce, which eliminates the need for your former spouse to appear in court. The procedure will be quite short, and you will not have to pay any charge in order to obtain your divorce.
Get legal aid divorce assistance
If you fail to manage a do-it-yourself divorce in which you submit all paperwork alone, your local bar association or a legal assistance group may be able to assist you. Request contact details from your local or state bar association by calling or searching the web. These organizations give legal aid for free (or at a minimal cost). If you are destitute, they will defend you for free and file any fee waiver paperwork for you.
You don’t have to finance when you seek a divorce, but you must follow the instructions set up in your state to avoid having to pay court fees. When you need to walk out of a marriage but don’t have the financial capability to do so, this can be extremely helpful.
It also provides both parties a chance to sort out their disputes with the assistance of a skilled mediator. Mediators help parties reach an agreement so that they can reach a settlement.
To have your divorce fees excused, you must show the court that you are impoverished, or in need.