i need a divorce don't have any money out of work on medcial leave .can somebody please help me ..

Jurisdiction: 

Area of Law: 

Question: 

i need a divorce don't have any money out of work on medcial leave can somebody please help me.and my husband is in prison.

Selected Answer: 

DakotaLegal's picture

 

 
There are some options for you, in what is obviously a hard financial situation. The choices you have will range from getting some low cost legal help, and also some things you can do right away…steps that fall into what’s called “self help” legal services. If you and your husband have no significant amount of property and no kids together, and can agree to a fair divorce, then you may want to get a simple uncontested divorce. If you cannot reach an agreement with your husband (but still have no kids), here are the specific steps to get a divorce: http:// www.southernjudicialcircuit.com /selfhelp/divorce/divorceNOchildCONinstruct.pdf. But please, be careful not to give away any rights you may have: that’s what we’ll also need to talk about.
 
 
Getting Free Forms, Asking For Free Court Costs
 
One of the expensive parts of divorce is actually just getting the forms you need and then how to pay the filing costs in a Georgia family court. If you aren’t yet sure what court you need to go to, you can find it here by calling and telling the court staff your address… http://www.fultoncourt.org/family/. While the family court staff won’t ever be able to give you specific legal advice, they are usually very helpful in being sure the forms are filled out correctly. Ask a court employee to give you the indigence form so you can try to waive any court filing fees.
 
The Effect Of Your Spouse Being In Prison
 
Georgia only recently changed from requiring fault to now being a no-fault divorce state. At the same time, there are reasons that you can state to explain why you are seeking a divorce. In fact, there are still thirteen reasons in Georgia for asking for a divorce, unless you just want to file under no-fault.
 
There is a reason to claim one or more of these 13 reasons for divorce. If you want to ask for either some ‘maintenance’ or spousal support from your husband, then you have a better case if you can prove his fault. You should look at the 13 grounds of divorce and see if (a) they fit your case, and (b) decide if you want to ask for financial support. http://knowledgebase.findlaw.com/kb/2011/Apr/259860.html. Pay special attention to the four most common grounds for divorce, including desertion. The question of being in prison will be important when it comes to proving desertion. If your husband is in jail for a crime involving what’s called “moral turpitude,” that is grounds for your getting a divorce and for his owing support to you. You can find more specific examples of the sorts of crimes that may be grounds for divorce… http://www.gabar.org/ newsandpublications/consumerpamphlets/upload/divorce_09.pdf.
 
 
Asking For Low-Cost Legal Help
 
You may be able to get some high quality legal help, based on where you live, your income, or even special circumstances (a disability, or being a veteran). You can start by asking about legal aid and they will help locate the closest free legal aid for you http://www. atlantalegalaid.org/.
 
Self-Help Steps
 
Regardless of when you actually get legal help, there are steps to take to get your case organized. Here are the basic rules about the grounds for a divorce: http://law.justia.com/ codes/georgia/2010/title-19/chapter-5/19-5-3/.One thing to do is to try and figure out if your husband has assets that need to be accounted for and then split with you. Asking about whether he made any transfers of property may also reveal that he has hidden some marital property that you are entitled to.

All Comments

DakotaLegal's picture

 

 
There are some options for you, in what is obviously a hard financial situation. The choices you have will range from getting some low cost legal help, and also some things you can do right away…steps that fall into what’s called “self help” legal services. If you and your husband have no significant amount of property and no kids together, and can agree to a fair divorce, then you may want to get a simple uncontested divorce. If you cannot reach an agreement with your husband (but still have no kids), here are the specific steps to get a divorce: http:// www.southernjudicialcircuit.com /selfhelp/divorce/divorceNOchildCONinstruct.pdf. But please, be careful not to give away any rights you may have: that’s what we’ll also need to talk about.
 
 
Getting Free Forms, Asking For Free Court Costs
 
One of the expensive parts of divorce is actually just getting the forms you need and then how to pay the filing costs in a Georgia family court. If you aren’t yet sure what court you need to go to, you can find it here by calling and telling the court staff your address… http://www.fultoncourt.org/family/. While the family court staff won’t ever be able to give you specific legal advice, they are usually very helpful in being sure the forms are filled out correctly. Ask a court employee to give you the indigence form so you can try to waive any court filing fees.
 
The Effect Of Your Spouse Being In Prison
 
Georgia only recently changed from requiring fault to now being a no-fault divorce state. At the same time, there are reasons that you can state to explain why you are seeking a divorce. In fact, there are still thirteen reasons in Georgia for asking for a divorce, unless you just want to file under no-fault.
 
There is a reason to claim one or more of these 13 reasons for divorce. If you want to ask for either some ‘maintenance’ or spousal support from your husband, then you have a better case if you can prove his fault. You should look at the 13 grounds of divorce and see if (a) they fit your case, and (b) decide if you want to ask for financial support. http://knowledgebase.findlaw.com/kb/2011/Apr/259860.html. Pay special attention to the four most common grounds for divorce, including desertion. The question of being in prison will be important when it comes to proving desertion. If your husband is in jail for a crime involving what’s called “moral turpitude,” that is grounds for your getting a divorce and for his owing support to you. You can find more specific examples of the sorts of crimes that may be grounds for divorce… http://www.gabar.org/ newsandpublications/consumerpamphlets/upload/divorce_09.pdf.
 
 
Asking For Low-Cost Legal Help
 
You may be able to get some high quality legal help, based on where you live, your income, or even special circumstances (a disability, or being a veteran). You can start by asking about legal aid and they will help locate the closest free legal aid for you http://www. atlantalegalaid.org/.
 
Self-Help Steps
 
Regardless of when you actually get legal help, there are steps to take to get your case organized. Here are the basic rules about the grounds for a divorce: http://law.justia.com/ codes/georgia/2010/title-19/chapter-5/19-5-3/.One thing to do is to try and figure out if your husband has assets that need to be accounted for and then split with you. Asking about whether he made any transfers of property may also reveal that he has hidden some marital property that you are entitled to.