So I Am Going to Go File for Divorce Tomorrow, Advice??

Updated on September 26, 2011
A.G. asks from Clinton, MA
13 answers

Hey mamas... many of you knw that my husband and I have a horrible relationship, full of him cheating blah blah... I really have tried my hardest and I know I am not perfect but today I discovered he has a throw away phone (the kind of back up phone someone has when they dont want their sign other to find out stuff)... yeah... SO I am done...him and his brofriend can have each other and I hope the people he was contacting on this secret phone were worth it!
So, how much does it cost to have a un-disputed divorce filed? After I call the pediatrician regarding my sons asthma tomorrow I am driving to the court house.. family probate court right?? Thanks mamas!
@ dawn.. i am just asking opinions, i will look into everything for sure! his name has always been on his own stuff and my name on my own stuff, never had joined bank accts etc.. i dont think he is gay although he does spend an absorbant amt of time with our neighbor... he has just cheated on me so many times that i know about and now this.. i should do an addendum, ok i will, read below :)
jo w... not probate? hmm... i thought that is what i saw on the mass.gov website, but no no-one is dead lol... we are not ripping the family apart. he just needs to not be with me. he can have the kids 1/2 the time, i am totally going to work and be amicable about our stuff and bills.. this has been a long time coming, just needed one more push and a throw away phone is it!! no arguing actually, just remorse he got caught again :(

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So What Happened?

So we had been split up before, and have existing court orders for custody already and my previous lawyer said i didnt have to cancel the orders if i felt he was a flight risk, so i never did.. So there are standing orders in place for custody, insurance, and child support.. i just want to know how to divorce the guy and be done with it as us being in a union together... last time lawyers cost me $7k, so i was hoping we could just go sign something saying we are done and have it be over//

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K..

answers from Phoenix on

I don't think I'd file for a divorce that's involving kids without some type of legal help/representation. If you can't afford a lawyer, what about a paralegal, or someone who does pro bono work? These things always start out amicable, but once anger/emotions start running, the friendliness dies.

3 moms found this helpful

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D.B.

answers from Charlotte on

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M..

answers from Youngstown on

Get a lawyer!!! Especially if your husband is your son's father. You need a lawyer to protect yourself and make sure you get everything you deserve. Good luck.

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J.L.

answers from Los Angeles on

When I went I had to pay 6 bucks for the paperwork. Then they offered a free workshop of pointers of how to fill it out.
After that it was 365 dollars, and would take 6 months and 1 day.
Some people could qualify for a lower cost due to income but I did not.
I went to the family court section. It's not an actual court but its the section where any body with a family issue (custody, divorce, etc) goes to pick up their paperwork, or turn it in. Ours was extremely nice and would answer any questions you had.
Make sure all the outstanding orders for custody and child support are current and up to date. There are ways to do this without going into court. You could even go to a mediator before having to do actual family court. I hope this helps. Good Luck!

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L.C.

answers from Dover on

You used to actually be able to go get the generic forms at office depot and fill them out yourself and go file them. So, there would be the forms and filing fees at first, right? I think so. And that varies from state to state. You should call the family court clerks office and find out what it is you need to do to file and how much the court fees are.

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S.W.

answers from Minneapolis on

I would call several divorce lawyers in your area and ask their price for an uncontested divorce involving children (and property?). Then pick the one you feel most comforatable with. I would not file anything in court without a lawyer.

Another option that may be less expensive is a divorce mediator. We used a mediator, since we split everything 50/50 and were able to discuss and agree on all parts of our divorce agreement. This was less expensive than hiring two lawyers.

1 mom found this helpful

J.S.

answers from Hartford on

What does it mean to "spend an absorbant amt of time with" someone? Do you mean, uh... he spends an inordinate amount of time with his male friend? ;-)

I would take your existing papers and get to your lawyer. Don't do this without a lawyer backing you up. I know it's in the interest of saving money to just have it done and over with, but it's worth the money to safeguard yourself and make sure it's all done properly.

1 mom found this helpful
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G.H.

answers from Chicago on

if it's uncontested then it will be pretty easy. you can do all the paperwork yourself & pay the court fees....you typically have to wait 6 months then go back & voila, the judge stamps your paperwork divorced. of course getting an attorney is the best/safest way to go, but you said you have the paperwork from your last split already done.

best wishes to you!!!!

1 mom found this helpful

C.O.

answers from Washington DC on

I don't live in Massachusetts and I'm not a lawyer.

To the best of my knowledge Probate court is for executors of estates - death...

When filing - especially with kids - GET A LAWYER!! DO NOT DO THIS ON YOUR OWN!!! Doesn't matter if it's amicable NOW - it could get nasty. so keep yourself and your kids covered and get a lawyer...ensure that child support is correct so that you aren't stuck flipping the bill for EVERYTHING...it can get nasty...so instead of waiting for that to happen - be proactive and cover your rear end!!

I'm sorry that your marriage is coming to an end...that sucks.

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J.W.

answers from St. Louis on

Yikes, I don't think many here have filed without an attorney but probate is wayyy the heck off. It is straight up family court, probate is death, estate, ya know? Probate may fall within family court, I am not sure since I am still living, but probate has nothing to do with divorce.

What I could tell from watching other cases before our hearings is judges don't take people that file for themselves seriously. I can kinda see why because they are forced to hear arguments that have no basis in reality. Still I think they could have at least acted as if they were concerned that someone's family was being torn apart.

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M.M.

answers from Tucson on

You should be able to print a divorce petion with children offline. You fill it out take to court house. Then give to him or have him served. Good luck

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J.E.

answers from Boston on

First off, the best of luck to you and your family. It would be the Family Probate Court that you want to file through. A lot of the forms are online so see if you can save yourself and the clerk some time by having it prepared. I have found the clerks to be more helpful if you have the paperwork filled out and then ask questions. :) Do what is best for you and your child. It sounds like you are. Kudos to you for staying around as long as you did. I believe it may be along the lines of $240-250 just to file though so be prepared for that. Hope it all works out in the long run for you hun, you certainly deserve happiness. :) *** and just to add, I've found I've gotten a whole lot more done w/ out a lawyer and saved a ton of $$$, that was just my experience anway***

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C.P.

answers from Provo on

Go and talk to a lawyer and usually the initial consultation is free.

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