My Wife Wants a Divorce, I do not
June 7, 2009 by admin
Filed under Ask the Lawyer
Question:
My wife wants a divorce, I do not. She served me with papers, but they are not fair. I have no money for a lawyer but I wish to contest the divorce. I would like to try counseling perhaps. But the real issue is that after several years of staying home taking care of the kids while she worked, I have had no job. Then she kicked me out, filed for divorce and won’t let me see my kids. There has been 
no infidelity on my part though I am not too sure about her. But she is trying to force me into signing papers that aren’t acceptable where the kids are concerned, and is even withholding the children from me until I submit to HER terms. How do I contest this? Do I need a lawyer? If not, can I write a letter myself contesting to her terms of the divorce?
Mike in Georgia
Answer:
I am not licensed in Georgia. Laws in every state will differ so you should also consult an attorney in your state. You may not be able to contest the divorce itself but you can definitely contest the terms of the divorce. Some states grant a divorce as long as one party wants it. In other states you must prove some fault or grounds for the divorce. Only an attorney licensed in Georgia can advise of that state’s requirement. Regardless, you do not have to agree to her terms regarding the children. If you were the primary caregiver, it makes no sense for you to agree to give her custody. You have the right to fight this with or without an attorney. If you do not have the funds to hire an attorney, ask the court to award you fees. In most states, the court has the power to make one party pay a portion of the others fees. You should ask for a hearing so you can present your case. This will require you to tell the judge what you want and why you believe it is in the best interest of your children. It is always best to have an attorney represent you in these matters. However, if that is not possible, do it yourself. You may also contact you local bar association for referrals to attorneys who may work for free or at a reduced rate.
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Does Georgia have arbitration or mediation? I found this link – hopefully it’s helpful not only for you but other Singledadlife readers.
http://www.divorcesupport.com/divorce/Alternative-Dispute-Resolution-1510.html
My heart goes out to you. Best wishes.
My understanding of how custody is granted, at least in Texas where I live (we almost divorced last fall), is that the person who was most often with the children is given preference. They want to make this transition less traumatic for the kids, so if you were the stay at home dad you should get preference and child support payments. I say nail her. God knows women have been doing it to us forever.
I would look in the phone book or online and try to find a legal service that will offer you free advice (and possibly free representation in this case) and go from there. Laws do differ in each state, as do the (often free) legal services provided to those without income.
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