QUESTION
How can I get a divorce if I have no money and I am not working?
Asked on Jul 24th, 2013 on Divorce - Florida
More details to this question:
3 years ago, I told my husband I wanted a divorce. He said he didn't. I didn't have money then and still don't... so I stayed. Since then I've lost my job and I am currently out of work. I moved out around May 2012 when I lost my job. My husband insisted we see a therapist, so I went and after a while she said that she didn't like where I was staying (my parents) and I needed to let our son stay with his father. I said no and moved back into the house 10/2012. I moved into a separate bedroom at that time. I moved out again 2 weeks ago, to my parent's house. I'm not working and have less than 450 in the bank. I've tried to get my husband to agree to a divorce. He keeps giving me the run around saying "I have to think about it" and nothing happens. I want out NOW. I am sick of waiting. We have a home together but if he wants he can choke on it. It is underwater anyway. We have no assets. I'm willing to let him keep the house and everything except 1 car. I want to make the disruption for our son as little as possible, so I'd be willing to keep my name on the house until he decided to sell it and then we will split it. Right now if we sold it we'd still owe over 20K on it. The only things I want out of this marriage is 50-50 custody of our son and for the divorce to happen fast. I can't find a job anywhere near my home in Florida. I have a chance to get a job in PA. 1. Is there a way to get either pro bono lawyer or have him pay my lawyer fee even if I file? 2. I did have an affair but not till AFTER we stopped being intimate 3 years ago. FL Is no-fault state - does that matter? 3. Can I get joint custody with my son now, and then if I move to PA (if the jobs I tried for come through) can I have him come for holidays and summers? 4. Is it better to move now and file 6 months after I move to PA, or do I wait to move until after the divorce? Thank you.
3 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You should contact legal aid in your community. No private attorneys who practice family law will be likely to do work for free. The filing fee alone is over $400. The attorneys that I know would not be willing to wait for funds that they earn until the home is sold, and it seems that there would be a fight over this and doubt as to how much the home could be sold for.
Answered on Jul 25th, 2013 at 10:04 AM
John Arthur Smitten
1. You cannot move unless you get the written consent of the ex. 2. If you have no money to file the case then apply to the clerk to get the fee waived. 3. This is a complex case you should get a lawyer.
Answered on Jul 25th, 2013 at 9:46 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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The answers to your questions are complicated and depend upon the specific circumstances of your situation. You need to sit down with an attorney for a thorough consultation to discuss all of the facts and circumstances of your case, particularly given that there is a child involved, as well as a relocation out-of-state. You may want to contact the Legal Aid Society of the county in which you reside, as well as your local county bar association, for referral to a pro bono attorney in your area. Also, some attorneys offer free or reduced cost consultations, so make some calls to local attorneys and ask friends, relatives, co-workers, etc., who they used.
Answered on Jul 25th, 2013 at 9:27 AM