Can’t afford a divorce attorney? You may not need to.

One of the first stepping stones that the impecunious (poverty-stricken) spouse encounters when looking for a lawyer to represent him/her in the divorce, is the cost of said representation.

Lawyers in divorce cases usually charge by the hour, and that includes all the time invested in the client’s representation. Depending on the lawyer’s hourly rate, divorce litigation can be quite expensive.

Because of this, Florida has a mechanism to protect the impecunious spouse. Your attorney can request that your spouse (the one with the money) be responsible for all or part of your attorney’s fees. That’s right, your spouse may be responsible for your divorce attorney’s fees. This is intended to put both spouses on an equal footing, and to make sure that both have equal access to competent representation.

By Florida law, the impecunious spouse is entitled to temporary support during the pendency of the divorce. This means that your spouse has to continue providing for all your needs until your divorce is final. Florida law has established that your attorney’s fees are also considered temporary support. In Florida, neither spouse can waive or renounce the temporary support.

On the other hand, there are limits as to how much the spouse who provides support can be obligated to pay, because the temporary support is based on the need of one spouse and the ability to pay of the other.

The hourly rates can vary significantly from one attorney to another. Even though this should not be the only factor in choosing a lawyer, it is important that, in the first interview, you make sure that your attorney’s hourly rate is reasonable.

If you are looking for an affordable yet competent divorce attorney, please call me, Liliana L Guarino, at 954-389-3337 to schedule a free consultation to find the answers to these and other important questions.

Photo credit: Brent Moore