Looking for Insight on How to File for a Divorce on a Very Low Income Budget..

Updated on February 17, 2008
C.T. asks from Ballston Spa, NY
19 answers

I'm coming up on 1 year of being legally seperated. My children live with me full time. I'm the custodial parent. I've done the court thing, got my child support. I need to know how to go about doing a divorce, my income is low. I need advice, direction and what my rights are.

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So What Happened?

Wow thank you all so much for the help! I live in Upstate NY. I've been doing a lot soul searching on how to approach the matter. I called Legal Aid ..can you believe that they can't help me. They don't do divorces anymore. I know hard to believe.
I spoke with my ex today and told him I was going to get the divorce going ( god knows he won't) he asked if it would be uncontested and I said I my end, the rest is up to you. I told him what stipualtions I wanted and that I would be including those in the divorce papers .. then it turned into a argument. Funny how that is. Not on my end but his. I know his finacial situation,this is a man who hasn't done his taxes in two years.. so I'm feeling pretty good on doing this on my terms. I will keep everyone updated. I've been researching everything I can find. I will def take into consideration everyone's answers. Thank you so much. It's nice to know that I'm not alone ..

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A.K.

answers from New York on

Hi C.. There is a company on Bloomfield in Verona called We The People. They can help you. They did my friends divorce and it cost her a few hundred dollars and the divorce was final in about 6-8weeks. They do all types of things including bankruptcy

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C.M.

answers from New York on

http://lindapiff.com/

This woman is located in Wall and works with families do create healthy divorces using collaborative law practices. She comes highly recommended from friends of mine. Hope this helps!

cornelia

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K.P.

answers from New York on

Hi C.,

My ex and I, being friends and wanting a no contest divorce found it very easy. We walked into Stamford Court building and got a 'divorce packet' of documents. We wrote our own divorce decree stating when and how we would care 50/50 for our child and filed all the paperwork together.
In total it cost us $211. Court day was ok. The judge asked us a few questions and if we would uphold our promises, then Freedom!

We each had to take a class on parenting. I think it is a requirement here in Connecticut.
Like I said, even with the custody issues our Divorce cost us around $200. The process took several months.

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L.C.

answers from New York on

Hi C.. I am a parent of 5 kids in NY State. I got divorced last year without any lawyer involved. I did everything thru We The People. It's a paralegal business. They would do your divorce papers if it's uncontested. If you think your husband is not going to fight you in court, then you can go through this route. I paid $499 to them and the filing fees you have to take care of too. What I did is I had a friend serve the papers to my ex- and had my friend fill out the form that he served it and had it notarized. It wasn't so bad. I just had to go to court 1 time for the inquest and that was it. It was done in a matter of 3 months if you have the money ready and all. I didn't have the money right away to do the filing so it took me about a year. But at least it wasn't so much pressure for you. And the people in that place helps you out fill out the divorce forms. Hope this helps. Lots of luck!

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A.A.

answers from Buffalo on

Hi C.-I have been a Legal Aid lawyer and volunteer pro bono lawyer for a lont time. It depends on what state and county you live in. Most places do have a legal services office as there is a Federal Legal Services Corporation that tries to fund states regionally. They may have a divorce waiting list but the best thing you can do is get on it. They are more likely to take a case where custody and support has been established in Family Court because half of the work is done.

Good Luck!

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M.H.

answers from New York on

Hi C., I work for an attorney as a legal secretary in Waterbury, CT. We have had times where money was a factor and we have referred them to free legal services or told them to file pro se, which means you would represent yourself and pay only court costs and save the cost of the lawyer. I don't know what area or state you are located in. I have put here the info for the free legal services for the Waterbury/Hartford area of CT. They take area attorneys, good attorneys, and ask them to donate, pro bono, their work. I highly recommend you call and at least speak to them. If you are not in this area they will tell you where to go. Don't do this on your own. Many times things start civily, and you may seem to come to an agreement, but very quickly without much happening, it can turn into a battle. Protect yourself and get an attorney. If it stays civil, great! The attorney will only help facilitate with the Court. And if it doesn't, then you have him/her to help.

Connecticut Legal Services, Inc.

85 Central Avenue, Waterbury, CT 06702

Phone: (800) 413-7797

Provides free civil legal services to the poor. Areas of specialty include domestic violence/family, homelessness/housing, public benefits, and special education, elder and disability law. Last year, Connecticut Legal Services provided legal representation and/or legal counseling to over 121 individuals from Northwest Connecticut in response to their urgent legal crisis with United Way help.

Web Address: www.connlegalservices.org

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S.G.

answers from New York on

i had to file for a divorce on a low income go to your local library you can get the paperwork from there for free. then get them notarized the most expensive thing is filing its 250.00 then if theres any little extras but im doing my own an ive spent less then 500 but ive had them served

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C.R.

answers from Syracuse on

As long as both you and you soon to be ex agree on a divorce, it is really easy and cheap. Call a lawyer as most consultations are free...and I'm sure they can send you in the right direction....my best friends neighbors did this a few years ago....they had to fill out and file all the papers and after 6 months of being legally seperated is was complete...and hey you already have that done! I know there are bound to be fees and talk to a lawyer so you know and understand it...you've got college to think about...cover all your bases...goodluck!

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K.C.

answers from New York on

what state are you in? my x walked out 9 years ago. he is in florida and we have no contact. I lost 2000 on an attorney once. The only thing I do have is child support order through Ny court system( he doesnt even pay that) Also I have a special needs child who gets ssi. SO Im with you on the low income factor. I would like to get some help too for a divorce.

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K.T.

answers from Binghamton on

hi, i'm not divorced but i have an idea.

could you have your divorce mediated? i think thats what my parents did. but i was 4 so im not entirely sure. if everything has been divided and all you need is to finalize everything it might work.

i really hope this helps,
K.

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D.F.

answers from Buffalo on

Have you spoken to the attorney who did your separation?

in NY, If you have a legal separation for one year, you can have the papers drawn up by your lawyer and have your ex served...or you can do what I did and have him serve you the papers... this way you don't incur any additional expenses. I just had him serve me with the papers and did NOTHING... after a short waiting period ( i think 15 days) the separation will be converted into a divorce and you will get the final papers from his attorney stating that the terms of your divorce will follow the terms of your legal separation and that you can now resume use of your maiden name if you so choose.

Good Luck with your new life as a divorcee`. Feel freee to contact me if you need to chat. Been there, done that, still dealing with it... Take Care

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J.F.

answers from Syracuse on

The laws are different depending on what state you live in. i believe most all states have paper work that can be filed and as long as both sign it's a done deal. If you already have custodial and child support issues in place with a legal separation the "work" has already been done. Check with your local family court and ask what papers need to be filed. They can be of great assistence. The majority of the information needed is in your legal separation aggreements. A number of my friends are lawyers but as they say, "We make our money when people fight." When i divorced i was told that a legal separation was a waste because if you're at the point to file that the marriage is already over and it's a waste of time and financies because you have to refile for the actual divorce. If you and your x are in agreement with everything it is a simple process. If the court clerks can't assist you with the correct paper work to file check with legal aide or the internet for the information for in your state. After you get the paperwork in order you can take it to a lawyer to look at and see if it is all in order before having your x sign and presenting it to the court. Many lawyers here will give you a free or inexpensive first consoltation if it's all in order that may be all you need. i've also found the bigger their adds usually the bigger their overhead and the bigger their bills. Hope it helps.

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H.P.

answers from Rochester on

Assuming that “coming up to the ‘year’ of being legally separated means you filed over a year ago and the DATES on the paper work exceed A YEAR / check the information on your separation agreement it will specify when you can proceed. Otherwise, why not wait for HIM to file?
If THAT is not an option, there are many legal offices that will see you for an ‘interview’ at no charge. Must be point blank blunt with them (at the office/not on the phone) and tell them where things are and that you are interested in making sure it is done in the cheapest way possible. Take advice from a couple of offices, and check out some of the ‘free’ offices as well <for lower income families>.
Also, Google / or 'ask.com' any questions you have and read different options that way is best. No one can tell you what YOU should/shouldn't do; YOU have to make the choice.

Good luck

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T.R.

answers from Albany on

When I was in a similar situation, I was told that as long as you have the separation agreement and it has been in effect for at least a year, it becomes your divorce decree and you can file it yourself, just pay the court fees. You might want to look into that since it sounds like you have the legal work done.

Also, I know that there are free/low cost legal services available to people in lower income brackets--the organization who provides this help in the Capital District is The Legal Project. You can find it online at www.legalproject.org.

Good Luck!

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A.S.

answers from Rochester on

I'm new to this site, so I don't know if this is just in Rochester, NY or nationwide. I, too, am going through a divorce and have twin one year olds. I am totally confused as well as to what to do first. I know that legal aid offers classes every other month. The next class is in March. They walk you through a two hour power point to make sure you fill out the papers correctly. It's totally free. If you live in Rochester, call them at ###-###-####. If you have to leave a message, they will get back to you ASAP. I was surprised to get a call back within a half hour! There's also a web site I just came across recently: firstwivesworld.com which is about divorce....dealing with it, getting it done, etc. I hope this helps & I wish you all the best!
~A.

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R.H.

answers from New York on

Pace law school has a program according to your income. I also suggest you get in touch with family coaltion for justice in tarrytown, they have monthly meeting helping out people going through divorces

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A.L.

answers from Albany on

I got a divorce twice. 1st time was in 2001 through Legal Aide Society and 2nd time was in 2006 through We ThePeople.

You can get a divorce through the Legal Aide Society at no cost. You have to make below a certain income to qualify, however, I donot remember what the level is. The phone number is ###-###-####

If you and your husband agree on everything and are not fighting over anything then you can go to We The People. The cost was $399 to file the paperwork and then there are some other court fees. The total was $800.00 which is cheap for a divorce. The phone number is ###-###-####.

I know if you can prove to the court that you donot make a lot of money you can file a poor person claim to the court and they will waive court fees.

You can also buy a divorce kit at Office Max or Staples and fill out all the paperwork yourself. The kit contains the poor person claim form to waive the fees at the court.

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C.M.

answers from New York on

Hi C.,

I'm going through the same thing. I too am going through a divorce- 2 kids (1.5 and 3 yr old). We're going through lawyers but every where I turn to, it'll be cheaper to divorce with a mediator.

I've been seperated now for about 3 months and really loving it.

C.

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S.L.

answers from Glens Falls on

Hi C.,
I live in So. Royalton where the Vermont Law School is.. You could contact their Legal clinic (sorry no # but you can easily get the # for the school and they will help you. ( or www.vls.edu) Back in 1981 I applied for a divorce by going to Legal Aid and I got a booklet called "A Lawyer's Guide to Divorce in Vermont" or something like that. You might ask about it. It was like filling in the blanks. All of the questions and sentences were printed in the book and all I did was fill in the appropriate info. Easy. Of course things may be different now...
Good Luck. Be positive. It is like writing your own script in your own play!
S.
I was of course assuming you live in VT!!!

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