Legal Aid and Divorce Explained
Legal aid is a form of assistance that helps individuals in need pay for legal services. In general, legal aid helps those who are low-income or who do not have access to the regular legal system and cannot get legal help any other way. In the context of a divorce, it helps divorcing spouses who cannot afford to hire a divorce attorney. The goal of legal aid is to help people whose access to justice is blocked because they cannot afford it.
All states have different programs and services available under legal aid, and not all legal aid services are provided by attorneys. Some states have free law clinics staffed with law students or other uncharacteristically unlicensed individuals . Most of these clinics can conduct basic divorce tasks, assisting individuals with paperwork or simple tasks. Some clinics may be able to assign pro bono attorneys to represent those individuals who have divorced or are undergoing divorce.
Most states have more than one type of legal aid for divorce. Many are geared toward helping low-income individuals balance their legal issues with the realities of their daily challenges. Legal aid services may not apply if you have a significant amount of assets or income, and even then, eligibility for legal aid services usually depends on the kind of area of law you need assistance with.
Who Can Get Legal Aid for a Divorce
When it comes to legal aid, there are strict criteria concerning eligibility. This is largely because of the government restrictions placed on how much legal aid is actually available to fund defence cases. These restrictions are largely financial, as the government wants to ensure that only those who can’t afford to pay for it themselves access legal aid. The rules will vary between divorce cases and criminal trials, but we will focus solely on divorce law and the criteria for securing legal aid for representation in these cases.
As already noted, the government wishes to restrict legal aid to the most vulnerable people. This means that legal aid is reserved for those with little or no capital and with low incomes. As a result, if you have a high income, you will not be able to access legal aid to help you through your divorce.
In high-net cases, those unscrupulous enough to attempt to hide their money will usually be caught by the courts (though some can evade this) so legal aid will not be an option. If you do not need legal aid, it is of course better to avoid it, since legal aid lawyers, by their very nature, tend to have a more limited knowledge base and less experience than privately instructed lawyers.
The bottom line is simple: if you have a lot of capital or a high income, you cannot benefit from legal aid. This means that in most divorce cases – where there is usually a modest amount of capital – those seeking legal aid will need to have some other way of proving need.
Legal Aid Support in a Divorce
Legal aid offers a wide range of support that is designed to guide you through the divorce process. Your exact entitlement will depend on your situation – such as your income and assets – but the following types of support are available for people who qualify: In some cases, legal aid can cover the entire legal cost of the divorce process or even certain aspects of the divorce that you may require legal support with to achieve a successful outcome. There are other areas of family law that legal aid can help you with. It is useful to be aware that legal aid is not limited purely to divorce, and that a solicitor who deals with family law will also be able to offer legal aid support with matters such as child custody, contact or residence issues, division of money or property, or financial support during and after divorce. It is possible to be represented by legal aid throughout the entire divorce process, including mediation, and receive assistance with all the matters that arise as a divorce case is handled in court.
How to Get Legal Aid
The process of applying for legal aid to fund your divorce should usually begin with your solicitors. They will tell you whether or not you are entitled to legal aid and whether it would be appropriate for you to apply for it in your case. If they agree with you that legal aid should be applied for, they will prepare and submit the application on your behalf.
The Legal Aid Agency now expects potential clients to be fully tried out before making any application for legal aid. Be aware that this is not a cut and dried process. Unexpected hurdles or additional legal issues can change your circumstances, particularly in a very short space of time, or simpler problems can unexpectedly get worse and you find your advisor has little to no information at the start as to how bad your situation will get – the key is to be prepared. Therefore prepare but do not be surprised ; )
The Legal Aid Agency may require the applicant to submit additional information in support of their application. Have all relevant documents, including bank statements spanning a period of 3 months before your application was lodged, which prove your income and capital ready for submission with the application. If you own property, the title deeds showing the name of any owners, as well as any mortgage arrangements you have in place. Documents relating to your partner’s finances will also be required, such as bank details to show their income.
There are exemptions to the general rule that persons seeking legal aid must apply through a solicitor. For a litigant in person where the legal aid agency authorises a person to be able to make an application without the use of a solicitor. This is very much considered the exception rather than the rule.
It really is strongly advisable to get legal advice before making an application for legal aid. Speaking to the right solicitor in advance about your circumstances can save time and hassle.
The Downside of Legal Aid with a Divorce
Although legal aid is a valuable retainer to have, it does not come without limitations and can be an inadequate support system for those going through divorce proceedings. It is worth knowing what restrictions apply to your legal aid eligibility so you can save your retainer in the event that you may need legal services down the line.
EXPIRING RETAINER
One of the most common issues with legal aid is that your retainer may expire before your divorce is finalized . There is a risk that you may find yourself without legal representation when you need it most.
DELAYED RESPONSE TIME
It may take up to 90 days or more to receive your legal aid retainer. This can put you at a disadvantage to your spouse—especially if he/she is able to afford legal representation out-of-pocket.
GEOGRAPHIC RESTRICTIONS
Legal aid coverage varies by state, province, and city to address the needs of those residents. You cannot rely on legal aid if you are seeking to file for divorce elsewhere.
Getting Help Apart from Legal Aid with a Divorce
In situations where a person seeking legal aid does not qualify, or prefers to seek other avenues, several alternatives exist. Pro bono arrangements — where private lawyers provide assistance without charge — can be an invaluable resource. Many lawyers dedicate a portion of their practice to pro bono work and may be willing to offer legal services to persons involved in a divorce. Mediation also offers an alternative to hiring a lawyer for the entire process. This option may come as a surprise for those unfamiliar with it, since mediators normally do not provide legal advice, but instead work with both parties in a neutral setting to obtain agreements on issues related to the divorce. Mediation may be especially useful for those that cannot afford full legal representation but still want a say in the terms of a divorce. While the mediator can provide guidance on points to include in any agreement, he or she typically is just facilitating the process rather than advising. An investment in a divorce coach may also prove beneficial. Coaches, who are usually certified as such, specialize in helping parties to a divorce figure out how to navigate the process. This service – which may or may not be billed by the hour – can be invaluable when learning how to deal with everything from dividing joint assets to figuring out child custody arrangements. Coaches who are also trained as therapists are particularly useful for those still suffering from intense emotional turmoil over a split. Any person going through a divorce should also consider community support services, such as a divorce support group. Often, these groups are present at the state or local level and enable participants to share and receive advice from those who have gone through similar experiences. These groups may be organized by faith communities, organizations helping low-income individuals or even facilitators working for the court system.
Legal Aid and Divorce Success Stories
Mary H., a 37-year-old teacher, was at the end of her rope when she sought the help of legal aid services. She was facing a divorce from her husband after five years of marriage and did not see any way to pay for a lawyer on her teacher’s salary. After an initial consultation provided by a legal aid service, she was directed to the best network of pro bono lawyers and was connected with a woman who matched her need exactly.
What worked well: They worked out an option for her to pay fees over time, so she didn’t have to get behind on any bills. The paralegal she worked with was understanding and sympathetic and she felt like her concerns were heard. The woman she spoke to was efficient and confident about how the process would go.
Lessons learned: Mary learned that a lawyer knows the law, but also knows how to make others feel better about how the process will progress. Once she felt reassured that things would be fine, she was much more relaxed in the sessions with her lawyer. Any initial anxiety she had melted away. She also learned that having a lawyer backed by a practice and administrative team is better than working with one alone.
Another satisfied customer, Mike Z., says that he and his wife never thought they would end up in a divorce attorney’s office, but things just didn’t work out for them. Mike is 49 and his wife is 39. He is a contractor and she is a nurse with a good salary .
Once it became apparent that their relationship wasn’t going to work out, Mike and his wife visited a local legal aid service and then worked with a lawyer she chose based on her needs. Again, they were able to get a payment plan that worked for them and they felt comfortable expressing preference about payment amounts.
What worked well: Mike felt like the lawyer they chose knew all the facts he needed and saved them headaches later. The process was smooth with documents and signatures easily accessible. Once they got through the process, Mike felt a sense of freedom he never thought he would, even though he realized it was a new beginning and a lot of change would be coming for both of them.
Anna T. is a 43-year-old marketing professional who recently got divorced from her husband of 12 years. She didn’t think she wanted children and her husband agreed to wait after they got married. A few years in, he decided he wanted them to try to have kids, even though she was reluctant. He continually pushed her for the next few years until he finally demands a divorce.
What worked well: She found a network legal aid firm that was quick to respond and gave her plenty of options. They asked her how soon she wanted to complete the process and adapted to her needs.
Lessons learned: Anna now takes her time making important decisions. She doesn’t rush into things and listens closely to advice from others. Her attorney showed her how to question and confirm what she means and make sure she is clear on all facets of the process.