Immigration issue - married but have not applied for 'change of status'?

I entered the US on a visa waiver in October 2008 and should have left in December but my fiance and I planned to get married and we were advised by an immigration attorney to do so and then he'd apply for a change of status when we'd done so. Obviously I overstayed my visa but he didn't see this as a problem. We got married in July 2009 but have not been able to make application because we've subsequently had serious financial problems. I now have no money and can't leave voluntarily and I believe I face a ten year ban if I do. Hopefully our financial woes will soon be over but I want to know where I stand with immigration authorities because obviously I do not want to break the law and would like to be legal, work, pay taxes etc. I know I should have left when my visa expired but didn't based on the advice of the immigration attorney and now I can't afford to retain his services to take this further and each day that pes is making me more and more stressed out. I love my husband and don't want to leave and face never been able to come back. I really want to work this out and would appreciate any practical advice that can be offered.