Why Wasn't My Spouse Ordered to Pay Temporary Support, Attorney Fees
My question involves a marriage in the state of: Florida
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 from the business until the divorce became final, 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 and any replacement cards I requested in an attempt to stop him. 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, which was very expensive, 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 moved (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 I have no funds left to pay my attorney, so my attorney says he can no longer represent me.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+ which I don't have. 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? I am terrified of my husband. He is a very very dangerous man, and since his arrest, has already been abusive to a new girlfriend.
Thank you in advance for any help.
Re: Divorce - Need Help, Suggestions, Regarding Getting Support, and What to Do Now
You really, truly, need an attorney. You have a lot at stake here.
Failing that, start educating yourself
Re: Divorce - Need Help, Suggestions, Regarding Getting Support, and What to Do Now
I know that I really need an attorney. But I can't find one who will take the case without a retainer, and after paying $13,000 for my fees, $7,500 for his fees, owing the attorney who has represented me another $1,000, I have no money left to pay an attorney. I've been trying hard to read up all that I can, but I can't figure out how to file forms, and stay safe from my husband at the same time.
Do you have any suggestions on how I could get an attorney to take the case, without a retainer paid upfront?
Re: Divorce - Need Help, Suggestions, Regarding Getting Support, and What to Do Now
You can contact the Florida Bar Assoc. Referral Service who will at least be able to provide you with a low-cost initial consultation.
You will likely have to return to Florida for any hearing, no matter what - unless you're able to appear telephonically which may or may not be an available option.
Other than that, keep calling attorneys - you might be able to find someone willing to work with you.
Re: Divorce - Need Help, Suggestions, Regarding Getting Support, and What to Do Now
I have already received three names from the Florida Bar Association, and had three consultations. None of those attorneys would take my case. Three is the maximum number of referrals that the Bar will provide, so I'm maxed out there. At this point, I've called every attorney I could find. I've been asked for retainers ranging from $7,500 to $75,000.
I don't mind returning to Florida, if I have to, but I just don't know what to do next. And I need to make sure I'm safe when I do return to Florida.
Thanks for your response.
Re: Divorce - Need Help, Suggestions, Regarding Getting Support, and What to Do Now
I'm honestly not sure what else we can do.
I truly sympathize - you're in a very tough situation, and you have a lot at stake here. It may come down to the eventuality that you walk away - for your safety's sake - with the bare minimum available according to FL law.
with that said, have you looked at this form in particular? You don't need to have children in order to fill this out and file it with the courts.
Re: Divorce - Need Help, Suggestions, Regarding Getting Support, and What to Do Now
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: http://www.flcourts.org/gen_public/f...rules/947c.pdf
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. http://www.leg.state.fl.us/statutes/...s/0061.16.html
2. How do I get a date of hearing from long distance?
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!