Need a lawyer, but have no money

iVillage Member
Registered: 06-20-2008
Need a lawyer, but have no money
6
Fri, 07-25-2008 - 12:50pm

I have decided that I need to get a lawyer. My STBX and I are trying to do this as amicibly as possible, but there are things that I want from him that I know that he will not agree to.

My problem is that I cannot afford a lawyer. I'm currently in school and only work part time making minimum wage and looking for another part time job just to support my son and myself. I don't qualify for legal aid as I am not a victim of abuse.

My family cannot help me as they are broke as well. I just want to get this over with. He is the one that wants this divorce, but is taking his sweet time filing. If I could get a lawyer, I would just file myself. He wants to file together and I told him OK, but this before I had decided on wanting things that, like I said, he will not agree to.

We have agreed on property division and we just rent a house, so there is no problem there, but I want to be the conservator over our son and I want him to pay 1/2 of my student loans (since he is the reason I have so much out), alimony, and my legal fees. I know that he will not agree to any of this. So, what do I do? How do I get a lawyer without money?

iVillage Member
Registered: 11-28-1999
Fri, 07-25-2008 - 1:25pm

Have you already checked to see that you can't get a free lawyer unless you are a domestic abuse victtim?

iVillage Member
Registered: 06-20-2008
Fri, 07-25-2008 - 2:25pm
We are splitting custody 50/50, but one parent has to be the conservator (parent with whom the child legaly resides)and the other is the co-parent. We both want to be the conservator.
iVillage Member
Registered: 11-28-1999
Fri, 07-25-2008 - 2:33pm
Where I live, that is called physical custody and if you are splitting time 50/50 then the parents have joint physical custody.
iVillage Member
Registered: 06-20-2008
Fri, 07-25-2008 - 3:31pm

Yes, the conservator can file for child support. We had both agreed that no child support would be paid to either person b/c we will have joint physical custody. But see, my sister did the same with her XH....no one was going to pay child support...that's until another woman came into the picture. Now my sis has to pay 700.00/mo b/c she had a great job. She lost that job and can't take XH back to court to get C.S. reduced b/c she can't afford the lawyer or court fees.

I just don't want to be stuck in that situation. I'm broke enough as it is trying to support my son, myself, and paying for school. UGH, just so stressed out!

iVillage Member
Registered: 11-28-1999
Fri, 07-25-2008 - 4:06pm
If you & your DH agree that neither one of you will pay c.s. and write it into the agreement, then I don't see how it could be changed in the future, unless there is a change like someone gets a better job, loses a job, the kids are actually spending more time w/ one parent, etc.
iVillage Member
Registered: 10-09-2007
Fri, 07-25-2008 - 4:10pm
Any chance you can go to a mediator to decide just the conservator issue? Could you share an attorney and each of you sign a waiver for the conflict?