How to File for Divorce

Updated on March 18, 2010
K.B. asks from Sacramento, CA
7 answers

My husband and I have decided to get a divorce. It is a little complicated for us. I stay home with our two girls and I am going to school which ends in September. At that time I will be hopefully able to get a job. Until I do finish school we are forced to live together. Now given our schedule We actually see very little of each other. He works nights so When he comes home I wake up and when he wakes up I go to school, when I come home from school he goes to work. So the only time we see each other is in passing or on his days off. My question is can we file for divorce if we still live together. How do you even go about filling when there are kids involved. We want to do this as easy as possible. (we also live in Sacramento, ca) ..............just to add there is no chance of us working it out. He has cheated on me twice. And he has a serious issue with being honest with me even about the little things. He also will not go to marriage counseling........Ok I am finding myself to explain more. This situation of us only seeing each other in passing as only been recent. I realized that to be able to make it financially I would have to go to school. It is not my choice to get a divorce.

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F.H.

answers from Phoenix on

google "easy divorce in CA" and see what pops up. I went thru "The Divorce Store", I believe they are only here in AZ but they did everything for me. My ex and I agreed on what we were going to do and I put it in the paperwork and it all went smoothly. Not all couples are as amicable as we were. If that's the case, get an attorney or you could be seriously taken advantage of. Also, after the divorce is final, document everything, keep not of phone calls, emails, problems, etc. You dont know what may come up in the future and you will need "proof". Good luck!

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A.C.

answers from Houston on

I won't pretend to know your circumstances, but a veteran of two divorces myself, a divorce may ease some things...but a whole new set of difficulties crop up when families split. Please seek counseling, if you haven't already, and try to reestablish your marriage. Presumably, you were in love once...you could probably rekindle the flame if both were willing to work at it.

However, if you're determined to do it. Here is a link to the CA court system:

http://www.courtinfo.ca.gov/selfhelp/family/divorce/where/

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A.F.

answers from Fayetteville on

the only thing I know is that if you two are doing this nicely I guess decide on which parent is going to take the kids and work custody arrangements out. Also to the one who has the main custody of the kids get child support from the other. It varies state to state on what the regulations are. I'd check with your local courts. I myself have never been divorced but my parents have twice. I know in the state of NC you have to be legally separated for 1 year before your divorce is final and that means you can't live in the same house or it won't count. that's all I know, hope something helps in there. good luck. :)

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K.G.

answers from San Francisco on

If you hardly see each other why bother divorcing?

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M.P.

answers from Portland on

I recommend that you consult with an attorney because you have children. You need an attorney even more so if you share property of any value. There are many things to work out and you want to be sure that what you do is legal and in the best interests of everybody but especially your children.

In Oregon, I've known of couples who've continued to live together although they've filed for divorce. In Portland, I drive by an office of attorneys who advertise that they assist in friendly divorces. If you can have a friendly divorce the cost will be much less.

I do not know of any couples who've managed to live together for very long. It seems that once they or one of them has filed for divorce emotions become more intense. They become hypercritical of each other and stop being friendly even in a distant way.

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M.T.

answers from New York on

I am so sorry that you're going through this. You file through an attorney. The first thing you need to do is to decide which of you is going to file, you will both need to seek legal counsel. The divorce itself can be cheaper if you can make the decisions about property, custody and support yourselves and do mediation rather than litigation, the divorce process can be very expensive
Good luck

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K.P.

answers from Boise on

I just had one thought when reading your post. If you only see each other in passing because of your schedules, is it possible that this is part of the reason he cheated and you are seeking divorce as the answer? Doesn't sound like you even have a marriage and I wonder why either of you bothered to be married and have kids. I'm just sayin' it doesn't seem like there is much of a loving family life at home, so he went somewhere else to find it. I suggest you read "The proper care and feeding of marriage" and it may help you understand why you are in this situation. Good luck making a divorce involving kids easy. The kids are going to suffer no matter what. Sorry to be so straight forward, but I don't believe that when kids are involved you have a right to bow out of a marriage that you haven't given 110% effort into creating and saving. Love is an action and if you don't act lovingly toward him he won't act lovingly toward you thus causing "marital problems." Seriously, read the book, you will find yourself on just about every page, and it just may save your marriage and your kids' security.

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