Very few litigants in a divorce will be able to obtain loans to finance their divorce. Fortunately, in New York the law provides a way to obtain legal fees from your spouse. The spouse with more money is considered the monied spouse.
At the commencement of a divorce, the non-monied spouse can make a motion called a pendente lite motion to obtain legal fees. The law does not want the non-monied spouse to be at a disadvantage in a divorce proceeding.
If the motion is granted, the non-monied spouse will be able to collect legal fees from their spouse. In addition, during the divorce proceeding the non-monied spouse can make additional motions for legal fees. The pendente lite motion can also grant the non-monied spouse maintenance and child support where appropriate.
Instead of looking for a loan, look for an experienced attorney who will file the necessary motions to get your legal fees to litigate. Ate Attorney Scott Orgel and Attorney Ken Eiges, Partners at Ballon Stoll P.C. we ask for an initial retainer of between $10,000 and $25,000. After that, we can litigate your case.
Call our office to find out more.