Many clients (usually women who are raising/have raised the kids) do not have their own money and their spouse has excluded them from access to any marital funds/assets. So, the non-breadwinner spouse finds herself in a bad spot: How does she have the funds to get the divorce which she must have? How does she make sure that she has an equal chance?
Unless the non-breadwinner spouse has few thousand dollars, she will unfortunately not be able to start the divorce proceeding. But, if she has a credit card, some cash squirreled away, or she can borrow from a family member, she can make the initial payment and get the divorce proceeding started. A good divorce lawyer will then not only get the case moving forward; but he/she will immediately make motions for temporary attorney’s fees and temporary spousal support. A good divorce lawyer will also get your motions immediately set for hearing so that you have access to the marital funds/assets and can afford represent herself. A side note: if the breadwinner spouse is transferring-out/hiding money and other marital assets, there are laws prohibiting such and good divorce lawyer can force the reversal of those transactions. In other words, there are many ways to stop the spouse with all the money from financially strangling the non-breadwinner spouse.
You do not have to feel trapped in a marriage. The court has the power to award temporary funds to the non-breadwinner spouse so that she is able to both support herself and pay for a good lawyer; she must be litigating on a level playing field. The key is to hire a lawyer who not only knows the law; but, knows how to navigate your case quickly through the court’s docket and procure results. And don’t forget to ask: Do you actually try cases?
At Mackey Law Group, we have accomplished all of the above many times and we are experienced trial lawyers. Most importantly, once we get our clients on a level playing field with the opponent, we excel. So, if you find yourself in such a “spot”, callus. We know how to level the playing field and how to handle bullies.
By: Drew Chesanek, Esq.