How can I get a divorce if my husband won't pay for it? 16 Answers as of March 21, 2013

My husband agreed to pay the fee for a divorce but now he refuses to pay and I want to get the divorce because I want to move on with my life, I have a 17-year-old daughter that he pays child support for. Now I just want the divorce going without him, how can I do that?

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Reza Athari & Associates, PLLC | Seth L. Reszko
The filing fees may be waived if you file an Application to Proceed In Forma Pauperis and the Judge signs the Order to Proceed In Forma Pauperis.
Answer Applies to: Nevada
Replied: 3/21/2013
Reade & Associates
Reade & Associates | R. Christopher Reade
You have two options: (1) you pay the filing fee; or (2) you ask the Court to waive the filing fee because you are indigent and make an In Forma Pauperis application.
Answer Applies to: Nevada
Replied: 3/21/2013
Law Offices of Frances Headley | Frances Headley
You can file for dissolution and apply for a fee waiver. You should consult a family law attorney or facilitator to help you with the forms.
Answer Applies to: California
Replied: 3/21/2013
Reger Rizzo & Darnall LLP | Kathleen DeLacy
You can file and pay or if you qualify there may be a program for someone who is not able to pay.
Answer Applies to: Delaware
Replied: 3/21/2013
Kingloff & Travis | William K Travis
You can file a *pro se* [ (proh say) prep. Latin for "for himself". A party to a lawsuit who represents himself (acting in propria persona), is appearing in the case "pro se.] petition.for divorce but you need to remember that if you act as your own lawyer the court will require you to know what you are doing and to comply with all laws, regulations, and court rules. If your income is low enough you may be eligible for assistance with legal aid or through one of the bar association referral services and you may also be eligible to file *in forma pauperis* (without having to pay court costs such as filing fees) Now you know two Latin terms that mean you can act for yourself without paying filing fees. However, it does not usually cover other costs such as those involved in discovery (depositions, witness fees, court reporters, etc.) and service of process, except in rare cases. So, yes you can file for the divorce case by yourself.
Answer Applies to: Georgia
Replied: 3/21/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    The simple answer is get a job and pay for the attorney. Depending on the situation, the attorney may still get the court to order your husband to pay. If you cannot work, then you may try calling the Idaho Volunteer Lawyers Program to see if you qualify for pro bono services.
    Answer Applies to: Idaho
    Replied: 3/21/2013
    The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
    While you are always best served by having experienced legal representation in a divorce you should be aware that in Maricopa County, and many other Arizona counties, there is a "self service center" which has the forms and instructions for a simple divorce.
    Answer Applies to: Arizona
    Replied: 3/21/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    File and serve the divorce petition on your ex. If he fails to answer, proceed by default.
    Answer Applies to: California
    Replied: 3/21/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This depends on the law of the State you live in. Before you do anything, talk to a divorce lawyer. And do that soon.
    Answer Applies to: New Jersey
    Replied: 3/21/2013
    Carey and Leisure | John Smitten
    If he wont pay then you have to pay for it. Find a way.
    Answer Applies to: Florida
    Replied: 3/21/2013
    The Martin Law Group
    The Martin Law Group | Yolvondra Martin-Brown
    Depending on your income, you may qualify for a waiver of the filing by completing an Affidavit of Poverty. If paying the filing fee is not the problem, then check with Fulton and DeKalb Counties Family Law Information Center. These centers provide divorce forms if you cannot afford a lawyer. I still encourage you to get a consultation from an attorney even if you do decide to proceed on your own.
    Answer Applies to: Georgia
    Replied: 3/21/2013
    Law Office of Kristine McDonnell | Kristine McDonnell
    You will have to pay a filing fee, but can request in a Motion for Temporary Orders filed contemporaneously with your complaint that he be ordered tom pay your legal fees and costs.
    Answer Applies to: Ohio
    Replied: 3/21/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    File and ask the court to order him to pay towards your fees.
    Answer Applies to: California
    Replied: 3/21/2013
    The Lavi Firm, P.c.
    The Lavi Firm, P.c. | David Lavi
    Request a Fee-Waiver from the Court. Contact our firm for further guidance.
    Answer Applies to: California
    Replied: 3/21/2013
    The Gardner Law Firm, PLC | Brandon Gardner
    You can file an affidavit of suspension of fees/costs which could waive all filing fees with the court. With that order you can file for divorce without paying the fee and go through the procedure for divorce in your jurisdiction.
    Answer Applies to: Michigan
    Replied: 3/21/2013
    John Russo | John Russo
    He is not responsible to pay for your divorce petition, I don't know where you are getting that from, you may be allowed to ask for an advancement against equitable distribution, but again there is no bright-line rule that he has to pay your legal cost.
    Answer Applies to: Rhode Island
    Replied: 3/21/2013
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