Silver Spring, MD asked in Child Custody, Divorce and Family Law for South Carolina

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.

1 Lawyer Answer
Allan Baron
Allan Baron pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • N. Andover, MA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.