What is the best way for me to go about getting a divorce?

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What is the best way for me to go about getting a divorce?

I got married at a young age to an older man. My husband and I have a 5 year old. We’ve been married for 5.5 years and done marriage counseling. I’m afraid I will not have much custody of my son due to not making enough money. We only have 1 car (it’s in his name) and we live with his parents. I wouldn’t even know where to go to get a place to stay. So basically I would have nothing. I don’t have the money for expensive lawyers or enough to buy a car or an apartment.

Asked on July 31, 2011 Massachusetts

Answers:

Stan Helinski / McKinley Law Group

Answered 9 years ago | Contributor

There are many legal aid (free) groups in and around Boston. Try some Google searches for pro bono legal aid in the area.  Boston Legal Services is one that comes to mind-- on Canal Street I believe.  

Doesn't sound like your husband has money either.  You may want to hold off on divorce proceedings until you get established--you don't want the kid ending up with the grandparents if a Probate Court determines that you're neither in a situation to care for the child.  The entire focus is on the child in the eyes of the probate Court.  If you can both come to some agreement, you needn't immediately file a divorce just for the sake of doing it.  Good luck, sorry to hear.  

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am sorry for your situation.  Your financial position should in theory not have an effect on your ability to obtain custody of your child.  Courts favor giving parents joint custody in that you have equal rights to make decisions for your child.  But it is true that there could be some problems with regard to who is the custodial parent here but they may be obstacles that you can overcome.  You really need to sit down with an attorney to discuss this matter in detail.  Try a women's legal services in your area just to get an idea of how things may come down from a judge should you and your husband not decide on an agreement between you.  There are many questions here that need answering like why do you live with his parents and do you primarily watch you child which is why you are not working full time.  Good luck to you.


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