My friend needs to get a divorce from her husband. They have a 12 year old son. He threatens her by saying he is going to hurt her and do anything he can to have his son in his life and out of hers. She can not afford an attorney. All the ones that she has called said they she needs to be able to put down $3000. Her husband does not even have a job so he definitely will not be able to get an attorney and fight her for anything so she's not worried about that. I know that you can basically do your own divorce by going online and filling out forms, but I don't think you can if a child is involved. She has contacted legal aid and she qualified for help but they were not able to find her an attorney to help her for free, so she is right back where she started. Does anyone know of anyways she can get help, or maybe get it done cheaper?
2007-07-18 03:08:26 · 18 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If he has threatened her with violence, she should report that to the police, and file a police report. She should also go to the local women's shelter. Some lawyers are more willing to help pro bono a victim in a shelter, and some folks in the shelter may be able to help her with the legal stuff for free.
2007-07-18 03:18:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
She needs to continue to try to find an attorney! Going through a divorce when children and and unreasonable spouse are involved can be tricky business! She needs to be sure she has someone who knows what they are doing to fight for her best interests. Even though she probably feels desperate to get out, the worst thing she can do is to agree to something she doesn't understand! That could lead to some really major problems later.
When I filed, I only had to put $650 down as a retainer fee. He is a great lawyer. I don't know where you live, but $3000 seems really steep! Tell her to keep looking!
2007-07-18 10:29:00 · answer #2 · answered by Kailey 5 · 0⤊ 0⤋
First advise is to get her out of there, and file a restraining order. If he has threatened violence.. the home is not where she should be. It is not healthy living in a house where you are constantly afraid for your and your childs safty. Then file for devorice. The judge will give the child custody to the parent who can provide the best atmosphere to live in. And an unemployed husband who is potentially violent would not be in the childs best interest. Look for an attorney who will do it pro bono. www.divorcelawinfo.com/attorney2
2007-07-18 10:19:17 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If he is threatening physical violence she should start talking to Social Services and the police. The police and city governments often have special units and adjuncts that work with abused women and families. There are also shelters that will protect and advise. Such threats are against the law and should be considered as a danger. Sometimes you have to file a compliant, and sometimes you have to do it more than once. Don't be discouraged about the need for more than one incident. Start documenting each incident as evidence. These will help her keep the child. She should not confront him.
2007-07-18 10:14:48 · answer #4 · answered by ? 7 · 0⤊ 0⤋
He hasn't got a job so his threats are empty, she needs to get work even if only part time, and she can file an uncontested divorce and have him served. If he wants to fight the decreee and not sign papers he is going to have to have some way of paying for an attorney to do so and it is VERY expensive to go to court and fight.
2007-07-18 10:12:04 · answer #5 · answered by swtlilblonde31 5 · 0⤊ 0⤋
Legal aid has to give her representation. They have attorneys on staff who will provide her with representation. I suggest she make an appointment to see them and let them know she and her child are in danger. I am a legal student and from what you described your friend is not getting the correct information. She may want to report her husbands threats to the police and get a restraining order to help out .
2007-07-18 10:13:35 · answer #6 · answered by mrsdamico22 3 · 1⤊ 0⤋
tell her to contact her local women's shelter, they are likely to have legal advocates who can advise but not represent her. They will likely know of any resources in your area that would be able to help with representation.
If he has threatened her and she believes he will or he has hurt her, she needs to start the process which would include an order of protection which will show the court the danger the child is in as well.
If you don't know where your local shelter is you can call
1-800-799-SAFE (7233)
2007-07-18 10:14:40 · answer #7 · answered by Kathi 6 · 1⤊ 0⤋
Get an attorney, she will be greatful in the long run. It is a huge cost, but I learned the hard way. She needs to learn her rights, right away!!! There is NO other option, none!! Escpecially when I child is involved!!
2007-07-18 10:12:10 · answer #8 · answered by nomorequestionsplz 4 · 0⤊ 0⤋
ugh i went through all that with my parents. well going through custody issues now... they divorced when i was three. anyways. um if both the household are equally good invironments for the child they will get 50 50 and the kid will have a say bc he is 12. so if the son says he wants to live with his mom his dad will probably only get him on the weekends or during summer or something like that. and visa versa. (they will have to go to court though) hope i helped. =]
2007-07-18 10:13:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Firstly, if he is threatening her, she should go to the police and get a restraining order on him.
Can't help with the lawyer thing except to never give up and keep trying. There is always a way.
2007-07-18 10:23:43 · answer #10 · answered by Anonymous · 0⤊ 0⤋