Divorce in process, temporary alimony desperately needed, no more funds for attorneys

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ladylight

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I'm a victim of domestic violence at the hands of my husband, who abused me for 10 years of our marriage. We have no children. He was arrested on 3/14/11 for aggravated assault with a deadly weapon. I got a temporary protective order the following day. He filed for divorce on 3/23/11. We had a final hearing on the protective order and he asked to communicate by email regarding the business, which I bought in 2004, and which we had operated together since then. Assuming we would split the funds received, my attorney at the time, did not ask for financial support for me at that hearing. Shortly thereafter, I discovered that my husband had instructed the customers to pay a new business he had set up, thereby cutting off my only source of income.

My husband continued to withdraw money from my accounts, charge to my credit cards, steal my mail, and then, change my mailing address to his own, so that he received my mail. He even charged his legal fees, including his criminal defense fees, to my account. I do not drive, and there was no public transportation in the area. I was quickly running out of funds and my husband was shutting off utilities in the house, left, right and center, even leaving me without water, at one point. I was left caring for a large number of cats, mostly his, without any support, and was told I could not surrender them to a shelter, because they were "marital assets".

I decided to relocate to an area with public transportation in another state for my safety and peace of mind. At the time I did so (a month ago), my attorney led me to believe we were close to reaching a settlement. As soon as my I left, my husband went back to the house, and is now, not willing to settle. I have no funds left to pay my attorney, so he says my attorney can no longer represent me.

My attorney made a feeble attempt to have mediation waived at the end of April, but the judge ordered us to separate mediation, at the courthouse. It has not occurred, however. I can't afford to pay for it, and my husband refuses. My attorney said mediation would be a waste of time because my husband is not willing to fairly settle. But trial would cost $25,000+ I've already paid $13,000 in legal fees of my own, owe another $1,000, and have paid $7,500 of my husband's legal fees, which he withdrew from my account. I only have a little more money left to support myself until I can find employment.

Our assets include a house, a business, 3 vehicles -- all of which are currently in my husband's possession. He has received all the income from the business since April, although he charged business expenses to my account during April, until I decided to close the accounts.

I do not understand why I cannot get temporary alimony or why my husband cannot be forced to pay legal fees. How can he just walk away with everything? And why haven't the attorneys who represented me and charged so much, helped me get financial support? According to FL statutes, both of these are possible. But I cannot afford to pay any more in legal fees to either keep the lawyer I had, or retain another. I don't know what to do, or how to go forward. Legal Aid cannot help because there are no children, and they only help in cases where there are children. Should I represent myself? If so, how do I go about doing that? Is it possible to find an attorney who would go after my husband for legal fees?

It seems, according to the court website, that the protective order could also be modified to include temporary support, but I do not know how to go about doing that either. Can I do this long distance, by mail? Obviously, I'd have to attend a hearing on the matter. Can I be ensured safety if I have to return to Florida?
 
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You can absolutely request that your legal fees are paid - but the court doesn't have to honor your request.

Honestly, with so much at stake here you can't afford NOT to get an attorney.
 
Thanks so much for responding. I have NO income whatsoever, and only enough money to keep myself for a couple of more months while I search for employment. He has ALL the income from the business and has had it for the last 4 months. Could you explain a little more why you think the court might not honour a request for legal fees?

I dearly wish I could get another attorney. But after spending $13,000 in legal fees to the attorneys I've had, having my husband charged $7,500 to pay for his legal fees, and owing another $1,000 to my attorney, I have no more money to pay in legal fees. And no one will take the case without a retainer. The attorney who has been representing me says he can't do any more unless I pay what I owe, plus another $2,000. I didn't even know the last amount I'd paid -- which I told him was the last I could possibly afford -- had run out until he suddenly sent me a bill. I'm completely out of luck. It seems so unfair, but I don't know what to do.
 
Well, it's up to the judge.

Generally, each party is responsible for their own legal costs. The fact that he paid for his out of your (presumably joint?) account is the part you want to argue. That is community property, and you may be able to get at least something back.

I posted some links on the other forum; did you manage to get a look at the one form yet?
 
No, it wasn't a joint account. It was my business account since before we were married. However, he had a debit card for it, which I canceled after he charged his legal fees to the account.

Which forum? I posted in 3 different forums last night. I only saw one response with a form, and responded with questions.

Oh and thank you, and I'm sorry I have so many questions. I am completely lost!
 
I think this might be you, you're so kind to respond so much to help everyone you can! Blessings. Here is my response to you from that forum.

Thanks, I don't even think I can get the bare minimum under Fl law. It seems I've lost everything!

I'm a little confused. That form seems to be for support WITH dependent or minor children. I think it would be this form: [can't post links, but it's the one without minor children, same court site]

But again, my issues are:

1. I have an attorney of record. How do I file this for myself? Don't I have to file something saying I'm representing myself pro se first? Doesn't that mean the court has to agree to let my attorney off? If this occurred, wouldn't it be a better time to argue FOR legal fees, or am I missing something? It appears to me that Florida Statute 61.16 allows for periodic payment of legal fees.

2. How do I get a date of hearing from long distance? I live in MD now.

3. In the Fifteenth Circuit, mediation is mandatory, and from what I understand from my attorney, no other motion will be heard by the judge UNTIL mediation has occurred. One lawyer filed a motion based on a FL statute to dispense with mediation due to the fact that domestic violence was involved. He then fired me. My last lawyer argued the motion poorly in court stating I was concerned for my safety, but not raising the issue that I was more concerned about whether or not my husband would enter into mediation in good faith. My husband's lawyer argued that mediation was necessary because one party had the business and one party had the business truck. He failed to say both parties he was discussing were his client. My attorney didn't contradict him. So, the judge ordered mediation with us separated at the courthouse. But no mediation has occurred because my husband refuses to pay for it. I can't afford to pay for it. If mediation *must* occur BEFORE any other motion can be heard, how can I (a) compel my husband to pay for mediation and (b) compel him into mediation? Sure, the mediation itself will fail miserably. But once we've been in mediation, other motions can be heard -- if I'm understanding this correctly.

I apologize for having so many questions. I am just soooo lost!
 
By moving out of state, OP, you may have helped your evil STBX screw you even more.

You are better served by being in FL.

A MD court is if no use to you.

Your case is in FL, as you know.

You may not be able to afford a lawyer, but without one you're about to allow him to beat you again!!!

The answers to your questions are useless.


All you need to know is that you need a lawyer like your body requires oxygen. Without one, you're dead!
 
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