Q: How can I seek divorce with an uncooperative husband?
Hello, I am currently dealing with a very unresponsive husband that is not cooperating with the divorce process. We have been separated over 2 years. I have been trying to be as respectful as I can but to the point where I need to take matters into my own hands. I previously did not want to seek any alimony but do want to sue for emotional abuse. I truly just want to be done with the marriage but need guidance on how to proceed. Since I cannot get through to him to complete the divorce I wanted to know my options. I do not make much money but he has a lot of it and I would hope we could make something work for him to pay for all attorney fees. He will not respond to my inquiries about the divorce so maybe if I allow a lawyer to do the communicating then hopefully he will finally comply to complete the divorce. Please, I can no longer handle all the anxiety, depression and sadness that comes along with the process and do need help. Any info or guidance is much much appreciated.
A: You are correct that if there is a disparity in income, a court can order the high earner to pay some or all of the lower earner's fees. While you cannot sue him for emotional distress, you may be entitled to alimony or spousal support. You would need to file a motion (called an "RFO") for spousal support and probably attorney fees. He would need to file a response, or else the judge might just give you whatever you ask. Whatever the case may be, you do not need his permission or cooperation to get a divorce. Give us a call at 619-515-9900 if you have more questions.
A: You may be able to file a motion for attorneys fees along with your divorce filings. It's key to have him properly served with all court filings. If he doesn't reply, you may be able to file for default. The court website provides self help instructions on divorce in CA. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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