im not working and my husband thur me out and im staying with a girl and want a divorce is there anyway i can get a free divorce. ...

Jurisdiction: 

Area of Law: 

Question: 

im not working and my husband thur me out and im staying with a girl and want a divorce is there anyway i can get a free divorce.

Selected Answer: 

DakotaLegal's picture

 

 
You didn’t mention having any children, but there’s a good chance that you may have what are called “significant” marital assets with your husband. So we’ll make some basic assumptions about custody not being an issue, but having money is, to get both (a) a divorce while (b) not losing any of your legal rights as a wife.
 


  1.  

    1. Affordable Divorce Options In Wisconsin

 
The law in Wisconsin no longer requires a couple to stay together when their marriage has fallen apart. Fortunately, this also means that people are no longer discriminated against or locked in a situation only because they cannot afford filing fees.
 
To begin with, go in person to your local clerk of court to ask about getting an indigence filing and waiver of costs. If unsure of where your court is, start here… http://www. fdlco.wi.gov/Index.aspx?page=62. They will steer you to the right system. Also, if there really are no disagreements with your husband about wanting a divorce, then you can always ask (using the same person linked above to ask) about mediation.
 
You may also be eligible for low or no-cost legal help: http://www.legalaction.org/.
 
·        What About “Self Help” Divorce
 
I understand if you feel overwhelmed, let alone looking at all the forms you may need to file a lawsuit in Wisconsin. Here are the forms you need to look at… http://www.county ofdane.com/court/prepare/formFamily.aspx. Clerks won’t give you legal advice…but they sure look at the forms to make sure they are complete, which is a big help. There can be advantages to filing first, especially if the assumption about not having any custody issues is wrong. It can put your husband on notice not to dispose of any property in which you may have a claim…which gets us to the next ting to keep in mind…
 

  1.  

    1. Protecting Your Rights

 
People often forget (or just don’t want to emphasize) that marriage is not just about love and the possibility it changes or ends. Marriage is also about making and keeping financial promises. And in your situation, especially, where you say you were “thrown” out of the home, this may put unfair pressures on you to just get on, past a marriage gone bad, as quickly as you can. Sometimes this rush is a bad idea.
 
The reason haste plays into your worry about “affording” a divorce is that some (maybe your husband) try to hurry the process along, offering to pay all costs, may hide things from the other side.
 

  • Discover Your Husbands Assets

 
One increasingly common example is when one partner actually has just gotten some valuable property, or money. It has even happened that some spouses win the lottery or get an inheritance and then file for divorce while hiding their new found fortune.
 
There are several ‘red flags’ you can look for to see if you may be losing out. Any sudden changes in how your husband is spending, for example…either increasing or decreasing his outlay. Someone who suddenly transfers valuable things (even real estate) to his family members is fairly common and not allowed.
 
I want you to look at one of these kinds of court cases from Wisconsin, too: this can help someone in your situation, to see that the divorce system does not have to favor someone who has the money. http://caselaw.findlaw.com/wi-court-of-appeals/1336279.html.

All Comments

DakotaLegal's picture

 

 
You didn’t mention having any children, but there’s a good chance that you may have what are called “significant” marital assets with your husband. So we’ll make some basic assumptions about custody not being an issue, but having money is, to get both (a) a divorce while (b) not losing any of your legal rights as a wife.
 


  1.  

    1. Affordable Divorce Options In Wisconsin

 
The law in Wisconsin no longer requires a couple to stay together when their marriage has fallen apart. Fortunately, this also means that people are no longer discriminated against or locked in a situation only because they cannot afford filing fees.
 
To begin with, go in person to your local clerk of court to ask about getting an indigence filing and waiver of costs. If unsure of where your court is, start here… http://www. fdlco.wi.gov/Index.aspx?page=62. They will steer you to the right system. Also, if there really are no disagreements with your husband about wanting a divorce, then you can always ask (using the same person linked above to ask) about mediation.
 
You may also be eligible for low or no-cost legal help: http://www.legalaction.org/.
 
·        What About “Self Help” Divorce
 
I understand if you feel overwhelmed, let alone looking at all the forms you may need to file a lawsuit in Wisconsin. Here are the forms you need to look at… http://www.county ofdane.com/court/prepare/formFamily.aspx. Clerks won’t give you legal advice…but they sure look at the forms to make sure they are complete, which is a big help. There can be advantages to filing first, especially if the assumption about not having any custody issues is wrong. It can put your husband on notice not to dispose of any property in which you may have a claim…which gets us to the next ting to keep in mind…
 

  1.  

    1. Protecting Your Rights

 
People often forget (or just don’t want to emphasize) that marriage is not just about love and the possibility it changes or ends. Marriage is also about making and keeping financial promises. And in your situation, especially, where you say you were “thrown” out of the home, this may put unfair pressures on you to just get on, past a marriage gone bad, as quickly as you can. Sometimes this rush is a bad idea.
 
The reason haste plays into your worry about “affording” a divorce is that some (maybe your husband) try to hurry the process along, offering to pay all costs, may hide things from the other side.
 

  • Discover Your Husbands Assets

 
One increasingly common example is when one partner actually has just gotten some valuable property, or money. It has even happened that some spouses win the lottery or get an inheritance and then file for divorce while hiding their new found fortune.
 
There are several ‘red flags’ you can look for to see if you may be losing out. Any sudden changes in how your husband is spending, for example…either increasing or decreasing his outlay. Someone who suddenly transfers valuable things (even real estate) to his family members is fairly common and not allowed.
 
I want you to look at one of these kinds of court cases from Wisconsin, too: this can help someone in your situation, to see that the divorce system does not have to favor someone who has the money. http://caselaw.findlaw.com/wi-court-of-appeals/1336279.html.