Can I have my spouse pay for my lawyer, if I charge him with abandonment and mental cruelty?

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Can I have my spouse pay for my lawyer, if I charge him with abandonment and mental cruelty?

My husband moved to PA from IL 15 months ago. I thought he would come back but I don’t think so now. I asked him to start filing for divorce 4 weeks ago but he hasn’t done anything. I am considering getting a lawyer and filing myself but I don’t have the money for a lawyer and I was wondering if I could do this? Also, can he pay my health insurance until I can get my own?

Asked on November 13, 2010 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your situation.  Try going to legal services or your local Bar Association to find low cost or free (pro bono) legal help.  You need to do something as soon as you can. Unless the Court orders your husband to keep you on his insurance until the  divorce is final he can get you off at any time.  So be careful about that.  As for paying attorney fees, that would depend on many things that are particular to your case.  I doubt that the grounds for divorce - abandonment and mental cruelty - have anything to do with it.  It has to do with finances and resources as well.  Seek at least consultation here.  Good luck.


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