My husband and I fight ALL the time because of one of his exes. I'm tired of it, and I want to file for divorce. Any suggestions on the steps I take to do it? And does it cost money? If so how much??
2007-04-04 20:15:30 · 10 answers · asked by Jenn J 1 in Family & Relationships ➔ Marriage & Divorce
Filing For Divorce--How It Works
If you file the petition, you are the plaintiff or the petitioner, and your spouse is the defendant or the respondent. In your petition, you establish the facts, and indicate what you will be asking for, such as child custody, child support, or alimony. When you file a divorce petition, you are actually initiating a civil lawsuit. If you end up in court, you will present your side of the case first.
Once you've filed the petition, you can have your spouse sign a waiver of service. This means that he or she will not be formally served with a notice that you have filed, and it's usually done if the separation has been amicable and the divorce will be uncontested. If the divorce is hostile or your spouse has been abusive, then there will be no waiver and a sheriff or process server will serve him with the notice.
Filing for divorce obligates the defendant to respond when the papers are served. Different state divorce laws will specify a different time frame for the response. All states now have some form of no fault divorce, and in these cases, no response is usually necessary. If your spouse can't be served, if he or she is out of the country or has disappeared, you can serve them by publishing a legal notice in a local newspaper.
2007-04-04 20:23:02 · answer #1 · answered by dionne m 5 · 0⤊ 0⤋
The costs of divorce directly depend on how much money and assets are going to be involved in the property division and on the amount of spousal/child support being sought. If there is a substantial amount of money involved and significant support being sought (in short, if there is something to get from your husband or you want to protect your own property/income), then just an initial retainer for a lawyer is around $3,000 on average just to start to work on your case. This cost will easily add up to tens of thousands upon completion.
If there is nothing to divide and a spouse is being honest in determination of child support, then you can go to the superior court of your county and file the papers there for about $250 fees. Then you wait for the court day, go there and tell the judge that you both came to an agreement, and the divorce will be granted.
2007-04-05 03:26:31 · answer #2 · answered by OC 7 · 0⤊ 0⤋
get ur guns loaded ur in 4 a long & nasty fight. 1st legal seperation thru courts, if u can hire a mediator its cheaper than an att.if u can not come 2 an agreement w/med. u will have 2 go thru the courts & file 4 a divorce. if u can get ur spouse on alchol, abuse,adultry(there is 1 more 1 think) ur divorce can b final in 6 mths. if not u have 2 b legally seperated 4 a yr, if u sleep w/him r her during it starts over
2007-04-05 03:25:51 · answer #3 · answered by ttkmb 2 · 0⤊ 0⤋
Yes! It does.You have to start by finding a divorce lawyer..and most are expensive! The last one I looked into wanted a $2500-$3000 retainer fee. if you can swing that. The lawyer pretty much takes care of everything. you just meet with him or her a few times, show up in court. Good luck hun..I hope everything turns out for you!
2007-04-05 03:20:45 · answer #4 · answered by justwonderingwhatever 5 · 0⤊ 0⤋
are u sure that your husband is cheating. if yes, hire a detective to establish it. then you can get a divorce on the grounds of cheating very easily.
you can get a payback of your expenditures after you get a divorce. settle for your husbands half salary(not less than that)
2007-04-05 03:21:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Go to the courthouse and apply !
It's not that expensive --but if you really want out then it would be worth the cost no matter what, right!!!
2007-04-05 06:12:44 · answer #6 · answered by Anonymous · 0⤊ 0⤋
divorce him in california you get half. You dont even have to live there to file
2007-04-05 03:18:39 · answer #7 · answered by kerrine 2 · 0⤊ 1⤋
go to the court house and file on income if you are below the guideline your divorce is free . in my opion ?
2007-04-05 03:19:49 · answer #8 · answered by the_silverfoxx 7 · 0⤊ 1⤋
Just throw all his stuff out in the front yard.
2007-04-05 03:19:27 · answer #9 · answered by sven 3 · 0⤊ 1⤋
when u find out let me know!!!!!!!!
2007-04-05 03:18:48 · answer #10 · answered by muffinman 1 · 1⤊ 0⤋