my husband and I are divorcing, we have 2 kids & fighting for them, how much would a lawyer cost?

Question

I don't know what to do about the kids. Right now, my daughter & I are with my parents, and he won't let me take my son. He wants to spit the children up and I feel like right now is when they really need eachother. I have been the primary care provider for 4 years now. I just recently quit my job and I have no car. He was abusive to me in the past but there's no way to prove it now cause I didn't make a report. I cheated on him and that's one of the reasons why we're spitting up. would he be able to use the cheating against me? would I be able to get custody of my children without a job or car? How much wuold a lawyer cost?

He does not have a suitable babysitter for my son. His mother has a hearing problem and has a memory problem. I know she can't be ther for my son emotionally or mentally. I do have a suitable babysitter and am able to find a job easily. Getting a car is no problem eiether. He kicked me out of the house.I just need to know if I should get my son out of there before the judge thinks that I left him behind.

well, I didn't sleep with the other guy. we had a kiss. "does that make any difference???" I don't want to take the kids away from him, I just want them to be in a stable home together. I want the father to be in their lives too.

Answer 1

Adultery will not hold up in court, too bad you don't have proof of abuse that could sway the judge in your favor. He might be able to bring to the table the fact that you don't have a car and therefore don't have means to get the child to the doctor in case of an emergency. As far as the cost of a lawyer that depends upon where you live and what the lawyers in your area charge. You have to make phone calls to find out.

Answer 2

Personally, if I were to divorce again I would not hire a lawyer. You are going to get what you are going to get no matter what including the children. I don't think cheating was a wise decision, but in my state it would not make any difference with a custody decision because I live in a no fault divorce state. If he wanted custody too, then you would likely get a 50/50 custody arrangement. It doesn't matter what you did in a marraige.
By the way, my divorce cost 15,000+ and we didn't even fight over who was going to get custody of the children. When it was all said and done I got what I was entitled to and could have done it myself with the help of free legal aid.

Answer 3

Hunny, my heart goes out to you... You can call your local Legal Aid, you can get the number from DES, you may also want to contact the nearest Against Abuse and talk to someone that can help, yes he can use your cheating agaisnt him, and yes you can use the abuse too, even though it wasn't reported, you need to keep a notebook, things may get a little crazy, ususally when someone is abusive, when things don't go their way, they turn into the most crazy person on the face of the planet, record calls if you can, take notes, but please remember the kids in all of this, they are the true ones that suffer. yes you can get the kids without those things but it is better if you have them, any job looks better than none and any car, too. Good luck

Answer 4

If he works, has a car, shelter, etc and you dont have a car or job I think a judge is going to look more into his favor. He may of abused you but if you have no proof then in a court of law it never happened.

I would suggest getting a job somewhere close where you can ride a bike to or get a ride and then buy a car and eventually rent a place or even pay your parents something for rent and get receipts showing your paying rent. You would look much better in court.

Also you cheating does not look good at all.

Answer 5

Lawyers usually require a retainer fee of a certain dollar amount. That depends on the area you live in. In my area, it's $2500.

Your husband can use adultery against you in court as the reason why he is filing for divorce. My recommendation is to ask for a mediator to help settle all issues rather than fight it out in court, because it can be very very expensive.

Splitting the kids in my opinion is dangerous. You need to ask for shared custody and work out visitation rights.

Answer 6

You should be able to get alamony, and since mothers are the usual primary caregiver, you have a great chance of winning. I don't think that you should split your kids up, no matter how much they disagree they still have a strong bond. I have divorced problems and i don't know what i would do if i was split up from my sisters. Please try your best, and present your case to the court, you know what is best 4 your son, and if he abused you what makes him not abuse your kids?? Stay Strong, and god bless....

Answer 7

Two people are going to profit from this situation - your lawyer and his lawyer. Why can't you two just be apart for awhile and try different ways of sharing custody. Maybe one way will work the best for the children, you, and your ex. Good luck to everone involved.

Answer 8

some states do take the fact that you cheated on him in to consideration others don't it is what is in the best interest of your children
you don't need a car to raise children
you might get shared custody at worse
a lawyer could run you in to some cash go to legal aid they might help you

Answer 9

Oh just quit it!! Iv'e been divorced enough times, to know, that,"he that spends the most $$$$$ on a really good lawyer wins"!! And it just depends on what you want, I've raised all my kids, and they're doing great, the kids need to be together!!! no matter who they r with!!!

Answer 10

First of all, shame on you for cheating! Second, think about your kids and not yourself and I mean both of you. You need to consider that both parents need to be involved with both children and joint custody is the only way.