in an extremely abusive marriage, thanks to s.s. involvement she wants to divorce him. can she file with the "no children" forms? I am just trying to help her find the fastest and easiest way to divorce this monster!!!
2007-02-26 16:26:25 · 5 answers · asked by JLS 1 in Family & Relationships ➔ Marriage & Divorce
only the lawyer knows for sure.
2007-02-26 16:31:20 · answer #1 · answered by zsaffireblue2003 4 · 0⤊ 0⤋
Unless a judge has taken away hers and her husband parenting rights to the children the I do not believe she can file a 'no children' divorce. Abuse or no abuse they do have children.
A Judge can take away the fathers rights to the children if he feels that he will be abusive to them also.
My question is why did social services take the children away and why did the mother not go with them..??
2007-02-27 00:54:13 · answer #2 · answered by LadyCatherine 7 · 0⤊ 0⤋
I very sincerely doubt it. There were children from the marriage, although she may not have custody of the children. She needs to ask a local attorney.
2007-02-27 00:41:02 · answer #3 · answered by kp 7 · 0⤊ 0⤋
I would ask an attorney, but I'd take a guess that since SS has "custody," they have legal guardianship over the kids. She can file "without children." Good luck.
2007-02-27 00:57:40 · answer #4 · answered by tklines 3 · 0⤊ 1⤋
IF her husband is Extremely Abusive she needs to report it to the police...social services can help her also and legal aid. You should be able to apply to the courts for custody of the children for now rather than social services. If your daughter goes back to her husband they WILL TAKE THE KIDS from her! IT's the Law*! She should also talk to someone at legal aid to help get representation for her to get her kids back out of socialservices..system. GOODLUCK*
2007-02-27 00:31:57 · answer #5 · answered by friskymisty01 7 · 0⤊ 0⤋