Q: What steps can I take towards divorce as my husband does not want to accept that I do not want to continue this marriage
I have told my husband that I do not want to continue the marriage but he does not want to accept or acknowledge my decision. I have left the home with my 2 kids as they asked to come along. And would like to find a job and apartment. My husband was emotionally abusive and did not let me work, nothing is in my name. What steps can I take to start to file a divorce? Can I get a job and an apartment even though we are still together? Can I text him to again tell him that I want a divorce? My oldest is going off to college, my youngest insists they would like to stay with me. What can I do? I know I will eventually need a lawyer but I cannot hire one until I get a job. What can I do? It has been 1 month since I have left the home at this point.
A:
You have taken a good first step; to state clearly that you do not wish to continue the marriage. You should add that you would like to conclude the marriage in an amicable way if possible. Then add, I have done my research and suggest mediating the divorce. That is, meet with an attorney who would act as a mediator for us and collectively help us reach a complete, clear and fair divorce agreement. Although the attorney is not ethically allowed to represent either of us as an attorney, the attorney if knowledgeable about the topics of divorce including children issues, assets and liabilities and expenses, then we would have an agreement and associated paperwork necessary to file. Of course we have the option to seek attorney one on one advise during or after the paperwork is prepared.
Tell him the other option would be to each retain an attorney and litigate the matter. That path is very slow, costly and may result in no better result than through mediation. Your choice. Give him a reasonable time to decide or you will have no choice but to retain an attorney and commence the process.
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