How can I get alimony if my ex refuses to divorce me? 10 Answers as of June 17, 2015

Since I cannot get my ex to divorce me, can I get alimony from him? I have filed through legal aid because I don't work and we've been separated since 2002. He gets disability and has been living with a woman for over 8 years. What do I qualify for?

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Reza Athari & Associates, PLLC | Seth L. Reszko
Nevada is a no fault divorce state; so you don't need to prove fault for divorce, essentially only that you are incompatible with your husband with no chance of reconciliation. Once you file for divorce by Summons and Complaint and you are able to serve your husband; a Judge should be able to decide whether to award you alimony. With your husband on disability, alimony might be difficult unless there are other marital assets that can be liquidated.
Answer Applies to: Nevada
Replied: 6/17/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You filed through legal aid so ask the attorney who is handling your case.
Answer Applies to: California
Replied: 6/17/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Since you have been separated this long you do to show a need for the alimony but you do not need his cooperation to get a Divorce.
Answer Applies to: Georgia
Replied: 6/17/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
In California, you do not need consent of the other party to divorce. File and serve your standard petition for divorce along with the request for order for support and attorneys fees.
Answer Applies to: California
Replied: 6/17/2015
Peyton and Associates | Barbara Peyton
Divorce your ex. All you have to do is file papers. The other side does not need to sign.
Answer Applies to: California
Replied: 6/17/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    He doesn't have to agree to the divorce, you need to file to get it. If he gets disability he has no ability to pay alimony. The requirement is not just your need for it, but his ability to pay.
    Answer Applies to: Washington
    Replied: 6/17/2015
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    If you have been living separately for 8 years without filing and supporting yourself that time.. it is unlikely you will get alimony.
    Answer Applies to: Michigan
    Replied: 6/17/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You have filed through Legal Aid so you must already have a lawyer. Ask him or her all questions related to the case. Did anyone who knows their business put into your head the idea that your husband must sign on to the divorce, or agree to it? You certainly do not need his agreement to start, or to conclude, a divorce action.
    Answer Applies to: Wisconsin
    Replied: 6/17/2015
    Law Office of Robert E McCall | Robert McCall
    To obtain alimony file a Petition for Dissolution of Marriage and ask for alimony. There is no formula so I can't say what you qualify for.
    Answer Applies to: Florida
    Replied: 6/17/2015
    AAA Family Law
    AAA Family Law | Eduardo J. Mejias
    In Florida, you do not need the other spouse's consent for a divorce. You also do not need "grounds" to obtain the divorce. Florida has been a "no fault" divorce state for several decades. The question is not whether you will become divorced, but if alimony will be awarded, and if so, how much. His disability, if genuine, will limit how much alimony you can receive, however. Furthermore, you did not state why you do not work. A family law judge may impute (assign) an income to you, if it is shown that you have the physical and mental capability of working.
    Answer Applies to: Florida
    Replied: 6/17/2015
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