Litigation loan or legal aid?

Notmuchof

Hi

My husband and I have just split up after 12 years of being together, two children (2 years old and 4 years old) and we married in 2006.

He is paying me v. little and I now have no choice but to go for a divorce. I have been talking with a private lawyer who deals with cases with an international element. We relocated to New York in June 2009, stayed there for a couple of years and had a child. We went through some v. difficult times, and I found out that he was doing all kinds of inappropriate things. So I decided to leave with the children. He agreed to sign a legal document authorising I leave with the children to reside in the UK. He promised he would join us and said he spoke to his boss to get a transfer back to England.

After about four months he said he could not return as boss said job did not fit in the uk. We tooed and frooed with the idea of returning to the UK. But after a major arguement I have now decided to stay where I am and separate.

The children and I are staying in a very small flat with my mum and he was sending us just about enough to live on. We budgeted hard to clear our debts and start afresh when he returned.

Anyway, now that I have separated with him he has cut the amount he sends to a bear minimum and we simply cannot survive.

So I contacted a lawyer who has provided some estimated figures of how much it will cost. He specialises in international law. I am pretty much broke and he recommended asking a family member (which is not possible), obtaining legal aid or taking out a litigation loan. He has also said that he feels I have a strong case as my husband is doing very well in his job. He has also suggested obtaining legal advice from a New York lawyer who also believes I will do very well, to see which jurisdiction would be best for my case. The US lawyer said that if I can pay upfront costs of about£4000 then after that I can apply for motion of temporary fees.

I don't know what to do, my main priority is to keep the children, and then to at least get enough funds to support us and to find somewhere to live. We have a 2 bed flat that is currently being rented out, and the income from that doesn't even cover the mortgage and fees

Finding legal aid is very difficult, and I don't know whether in the long run it would be the best idea. Also I don't know very much about litigation loans.

Can anyone advise or help and advise please?

Many thanks

bris

As your in New York, it's doubtful anyone on this site will know about the law in the state of New York. The only suggestion would be to speak to a lawyer in Ny who want's your case and ask him about ways to fund it, and where to get them. They will face this type of scenario on a regular basis and will have a few contacts that can help you secure the funding you need.
The down side of any loan of course is the ability to pay it back, would a lender who knows you have no job and little income to support yourself and kids see you as a good risk? Thats the hard part.
I wouldn't turn down the legal aid if it was available to you, legal costs are very expensive, if you can get it take it.

Notmuchof

Hi

The children and I are in the UK.

Thanks