can my wife use her student loans to pay for a lawyers retainer fees for divorce

UPDATED: Oct 1, 2022

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can my wife use her student loans to pay for a lawyers retainer fees for divorce

my wife left me about 2-3 weeks ago and i have a feeling she used her student
loan payment to pay for the retainer for her lawyer who then locked all assets so
i cant afford an attorney

Asked on August 24, 2017 under Family Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It's possible the lender(s) may have some rights or recourse against her, if she obtained the loans under false pretenses or did not use them for what she claimed she would when she applied, but that is a matter between her and her lenders: you do not have any rights to enforce the terms of her loans or bring a fraud case against her in regards to the, because you are not a party to her loans. Therefore, this is irrelevant from your point of view; whatever may transpite between her and her lenders has nothing whatsoever to do with you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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