Cant afford Divorce, need help with kids.

[Average_Joe]

I lost my job 6 months ago. My wife started seeing someone and ended up kicking me out of her apartment. She wasnt taking care of our two boys so i ended up taking them. I found a job 3 months ago and Ive been paying off bills and trying to save up for a place. Shes seens them two days out of 4 + months.

She doesnt call or help with them at all. What are my options? I cant afford to spend thousands of dollars on a lawyer. I tried to go get legal aid and they said i qaulified, but I was denied two weeks later. Should I just keep trying different legal aids?

Will she be responsable for back child support for these past months?

 

[luvstexas]

I lost my job 6 months ago. My wife started seeing someone and ended up kicking me out of her apartment. She wasnt taking care of our two boys so i ended up taking them. I found a job 3 months ago and Ive been paying off bills and trying to save up for a place. Shes seens them two days out of 4 + months.

She doesnt call or help with them at all. What are my options? I cant afford to spend thousands of dollars on a lawyer. I tried to go get legal aid and they said i qaulified, but I was denied two weeks later. Should I just keep trying different legal aids?

Will she be responsable for back child support for these past months?

First of all, your wife had NO right to kick you out of the marital home. None.
SHE should have been the one to leave.

You need to march down to the court house, file for divorce and for custody/support of your sons. Until then she has EQUAL rights to the boys as you do. In other words, she can come pick them up and never return them until a court order tells her to. Understand?

You need to keep track of the days you've had your children and the number of times mom has picked them up, number of overnights and the expenses you've paid since you two separated. This might help you if she counter sues for support and custody. She will not be responsible for back child support. Support typically is calculated from the time of filing. Be prepared to share joint legal custody.

As far as a lawyer, you could go on your own on this or you could get another job, beg or borrow for the money...Personally, I would try to find ways to obtain a lawyer.

how old are your boys?

 

[Average_Joe]

My boys are 13, and 6 yesterday. (Happy Birthday)

I called the courthouse that we had filed a year ago and found out that our divorce is still pending. I had hired a really good lawyer, and she hired a cheap lawyer from her A.A. Basically we filed and then changed our mine at the last moment. Her lawyer she says she never signed a contract with. He wont push the papers because he says she owes him a cetain amount of money. So basically I guess I cant file for divorce because this is still pending. I dont know if this makes since or if I worded it correctly.

I just need to know what to do. Im struggling right now and hse doesnt care.I need to take action now somehow.

 

[Average_Joe]

Can anyone give any input on this? I might now have worded everything right and maybe thats the problem. I do need some insight on the situation. I need to atleast file for divorce or custody. I contacted my lawyer but they have not gotten back to me in two weeks, I dont know if there just busy or lazy.

 

[jharris352]

You can file for divorce yourself and will not be estopped by her filing because she has failed to prosecute. In fact, to save you the filing fees you can file a counter claim for divorce on HER filing. Just take her petition and reproduce it with appropriate changes to show that it came from you. It will have all the elements of divorce in it. Take any classes required of parents with minor children and request a rule nisi hearing on your divorce. If she doesn't show up you will get an uncontested divorce.

 

[Average_Joe]

Even though we had already went in front of a judge for the divorce 1 1/2 years ago, and the divorce is still pending I can go file for divorce on her?

What kind of classes do you mean? Just parent education through the gov.? The courthouse doesnt give to much info on this.