bluto Posted January 31, 2013 Posted January 31, 2013 A friend of mine has filed for divorce. She could not afford an attorney so she filed herself at the circuit court. She has been a stay at home mom for 25 years and although she is looking she does not have a job. Her husband didn't want the divorce and is making it as difficult as possible for her. She is still living in the marital home with him because 1) she bought the home with her own inheritance and is afraid if she leaves it will hurt her in court 2) she still has a 10 and 7 year old at home and wants to disrupt their lives as little as possible. 3) her husband has not made her car payments and her car was repossessed so now she has no transportation. He won't let her drive his vehicle. She lives in the country and there is no public transportation. She understandably feels like a hostage. She hopes that once she has a hearing she should get temporary child support and alimony and is hoping they will make him leave the house, but who knows how long that will be. She just filed last week and he has not been served yet. Is there anyway to get an emergency hearing before he does more damage? Any help or advice would be greatly appreciated.
Ladybugz Posted January 31, 2013 Posted January 31, 2013 dont they have free advice offices there? or online? i dont know, but i dont think stay in the same house is a god idea. and its not cool f him. but he is stupid if you dont want a divorce you should start doing thgs right but he is doing it all the opposite. fool
Author bluto Posted January 31, 2013 Author Posted January 31, 2013 The Legal Aid office determines if they can help you by the household income and since he is still in the house she doesn't qualify.
Yasuandio Posted January 31, 2013 Posted January 31, 2013 If she is frightened or threatened by him, she should call the police. An attorney can get an emergency hearing before the judge for the temporary order. What she is asking is reasonable. If you cannot get an attorney - then go to the Court and tell them you have an emergency situation - tell them you what you need - an emergency temporary hearing. But it is very smart to have representation so you know what to ask for - like SUPPORT, bills paid, transportation, etc. You don't want to stand before the judge and not know what to say.
GuyInLimbo Posted January 31, 2013 Posted January 31, 2013 She absolutely NEEDS an attorney. I'm no attorney, but I know most lay people have no clue what their rights are in a case like this (I sure wouldn't). In fact, taking things on herself, she's going to lose a lot.
cheerfuldoer Posted February 1, 2013 Posted February 1, 2013 She needs an attorney ASAP, maybe you can drive her to the appointment. She has a unique situation with the inheritance of the house and she really needs legal advice. I'm also concerned that she's stuck in the middle of the country with no transportation. What if someone gets sick or injuried?
AlexDP Posted February 1, 2013 Posted February 1, 2013 She absolutely NEEDS an attorney. I'm no attorney, but I know most lay people have no clue what their rights are in a case like this (I sure wouldn't). In fact, taking things on herself, she's going to lose a lot. As an attorney I can say that, indeed, she really does need one. It's not just about knowing what her rights are, it's also about the procedures, knowing how to talk to a judge, knowing how you can protect yourself.. There's a reason people go to law school. I'm not sure how it works in the USA, but there must be some form of legal aid?
Yasuandio Posted February 1, 2013 Posted February 1, 2013 Simple. If this girl is in distress like you describe, let her call the authorities. Done.
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