A party requesting separate maintenance need not prove that he or she has the grounds to obtain a final divorce and is purely within the discretion of the court. A petition for separate maintenance may be sought by the wife when a husband and wife are living apart and, through no fault of the of the wife, the husband refuses to support either the wife or his dependents. The amount of the award is based on the husbands income and the wifes needs for herself and her minor children. The fact that a wife earns a separate living will not bar her from asking a court to enter an order of separate maintenance. You should discuss the amount of the attorneys fees and who will pay them in your first discussion with your attorney.
Attorneys fees differ greatly within the state.
Non-contested divorces generally cost less and the attorneys fees increase with the complexity of any contested divorce. Factors which affect the attorneys fee in a divorce include child custody, the size and complexity of any property settlement, tax advice, alimony settlement, fault of the parties, et cetera. It should be noted that an attorney cannot ethically represent both the husband and wife in a divorce proceeding. Further, an attorney cannot ethically handle a domestic relations matter for a fee that is contingent upon securing a divorce or upon the amount of alimony, support or property settlement awarded. But today, either a husband or wife may be entitled to alimony if the court determines he or she needs support and the other party is able to pay.