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Ready to get divorce....?
So after being separated for a lil over two years and trying to move on I think i'm more then ready to get divorce... i have been saving up all I have ( witch isn't much ) because i take care of our kids by myself with out any of his help...and i still don't have enough money saved up to file for it..So does it really matter who files for it first ?? We don't have a house or car to fight for ...All i want is share custody of our kids and child suport...That's all i want ..Now if he files for divorce first would i still get the child suport i need from him ?? He make much more money then i do so all i want is what my kids haven't been getting for over two years and what they diserve...
15 Answers
- 1 decade agoFavorite Answer
First of all, you are crazy if you haven't gone to family court for child support. Do that first! You need that money and are entitled to it. You don't have to be divorced to get child support, hon.
Second, it doesn't matter who files for divorce first. He probably hasn't filed because he is getting away with not paying child support; if he files, it will have to be included in divorce.
- ?Lv 45 years ago
You can't, especially if she's not ready for a divorce. If this is something you really want and you have tried everything to make it work then file for a divorce. don't do it while you live together though. Every marriage has it up's and down's but only you in your heart can tell if the marriage is gone. The biggest problem I have seen with people that feel like I want a divorce is that they say I tried to make it work but they have not been to counseling, they don't talk to each other, and one if not both are cheating or thinking about it. Honey marriage does not have an instruction manual but it does have a tour guide and thats your heart. You want a divorce then don't just spring it on her. If you can't talk about saving the marriage in a civilized manor then at least talk about ending it in one. Especially if you have children. If you can't talk to her then file for a divorce but not when you live together. It takes two to argue so if there is only one engaged in it then that flame will die. Don't fuel the fire if you have to stay.
- grandmLv 61 decade ago
It doesn't matter who files for the divorce, but it does matter if you're both asking for custody. If he makes alot of money, see an attorney, and make him pay for the divorce. Also, make sure you ask for custody, and child support. Depending on the state in which you live, you may also be entitled to alimony. Good luck!
- 1 decade ago
I don't think it matters. My sister has a a child and is in the middle of a divorce. They're pretty much doing it themselves, without the help of a lawyer and setting their own terms. They just have to make sure both of the agree on it.Oh, and she will get child support from him even though she filed first.
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- 1 decade ago
it doesnt really matter much but depending on your state if he filed first and claims abuse of your children by you then because he was first to court he could get the ER custody order. if your goggle "self help family law" with your states name there should be a site with all the forms and instructions to fill them out and file them too. if you'd like help contact me and i will do my best to hook ya up i just did a divorce for a friend and a custody battle for another.
Source(s): life and law clerk when younger - 1 decade ago
it doesnt matter who files first for divorce, custody and visitation is a whole different ball game. they will award custody to the most fit parent and give the other the visitation. and by the way, there are places you can go to get help financially for the divorce. like a legal aid or something
- Anonymous1 decade ago
You should of filed for a legal seperation 2 years ago and made him accountable to give you child support. File for divorce now and ask for child support!!
- ?Lv 71 decade ago
If you are on speaking terms than you should be able to get an uncontested divorce which is inexpensive. You both have to come to an agreement on what is fair and for the welfare of the kids. Be fair to yourself as well. Good Luck and take care!
- Anonymous1 decade ago
First off you're not guaranteed the kids. And if you have shared custody, neither of you should pay support. You should never put money above your kids. Regardless of the parents disputes, the kids deserve mommy AND daddy.
- Tony TLv 41 decade ago
I do not think it matters who files first. It is up to the judge to award whatever to whoever. He/she makes their decision based on each person's argument before him. Things are super tough on single moms trying to raise children. Good luck.