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How Do You Pay For Divorce If Your Spouse Has All the Money?

Blogs from October, 2020


San Marcos divorce attorney David C. Hardaway will handle every aspect of your divorce and provide reliable legal advice throughout the process. However, there is simply no way that even the most experienced divorce attorney can estimate what it will cost you before taking a closer look at your personal circumstances. How much it costs to end a marriage in Texas depends on what is in dispute and whether or not the divorcing spouses can reach some compromises.

If you think that you cannot afford a divorce because your spouse is in control of all the money, schedule a consultation with attorney David C. Hardaway, and he will explain the full range of your options. In Texas, if you need to end a marriage, money does not have to be a barrier.

Can You File For Divorce Without Paying a Filing Fee?

If you cannot afford to file for divorce, you may submit an “Affidavit of Inability to Pay Costs” (also known as a pauper’s affidavit), and the court may allow you to proceed without paying court and filing fees. However, if you do file a pauper’s affidavit, before it approves the request, the court may ask you to present documentation of your income and expenses at a hearing.

If your spouse “has all the money,” that probably means your spouse has assumed the exclusive possession and control of what are in fact community funds and part of your jointly-owned marital property. Texas law entitles you to a share of those community funds to pay for your Criminal Defense Attorney in San Marcos, TX and your other obligations while the legal process is pending.

Going through a divorce is always complicated and difficult, but the steps you take to file for it are relatively simple and straightforward. Attorney David C. Hardaway will handle all of the details, paperwork, motions, and filings on your behalf.

How Can You Obtain Temporary Spousal Support?

When you have formally filed for divorce, you may then ask the court to order your spouse to pay temporary spousal support. You can ask for temporary spousal support by having your attorney file a motion for “temporary orders” and having a hearing date scheduled.

At that hearing, you may ask the judge to order your spouse to pay your attorney’s fees. Temporary orders may also be needed to decide who will stay in the family home, pay the bills, and care for the children while the legal process unfolds.

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