Legal Question in Family Law in California

What typically happens to your case when you are not able to pay any further at this immediate moment, if you have been maybe halfway through the divorce process? Are you forced to continue the case without representation while the other side still has representation, or what happens? I am halfway through divorce proceedings. My husband has been able to borrow money against 401K to pay his lawyer but I haven't been able to. this has caused me to borrow from family and I no longer can. He will continue to have representation but I won't. What happens?

Asked on 11/13/13, 8:48 am

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Please consider filing a motion with the court seeking an order from your spouse to advance money for your fees from the 401k or any other asset so you have fees for representation.

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Answered on 11/13/13, 9:08 am

Timothy McCormick Libris Solutions - Dispute Resolution Services

I agree with Ms. Kock. The courts will not allow one party to use community assets to fund representation without ordering those funds be made available to the other party. It sounds like you have a lawyer you have been working with. They should know this. Talk to them about it.

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Answered on 11/13/13, 10:17 am

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