Fresno, CA asked in Divorce and Family Law for California

Q: I wish to divorce my husband but he's not willing. Where or how do I start?

I need a low cost lawyer that can help me.

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
  • Culver City, CA
  • Licensed in California

A: You do not need his permission or consent to proceed with a divorce. You can file the petition and have him served. If he does not respond, you can proceed by default. In terms of finding a "low cost lawyer" - "low" is in the eye of the beholder. You'll need to make some calls and find out what each lawyer you talk to charges and then decide for yourself what you can afford. You also have the option of filing a motion (Request for Order) for assistance with your legal fees if your spouse has the financial means to pay for both yours and his own attorney. Meaning, under certain circumstances, the court can order your spouse to help pay for your lawyer.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, you have the right to file for divorce even if your husband is not willing. The process begins by filing a petition for divorce in the Superior Court in the county where you live. You don't need your husband's consent to start this process.

To find a low-cost lawyer, consider contacting your local legal aid organization. These organizations provide free or low-cost legal services to individuals who qualify based on income. Additionally, the California State Bar Association offers resources for finding legal assistance, including a lawyer referral service which might help in locating an attorney who fits your financial situation.

It's also possible to handle the divorce process yourself, known as "pro se" or "in pro per" litigation. The California courts provide self-help resources for those who choose to represent themselves. However, if your case involves complex issues like child custody, property division, or spousal support, having legal representation is generally advisable.

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