Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
What state are you in?
Pennsylvania has two types of no fault divorce. The first is by mutual consent, where there has been an irretrievable breakdown of the marriage. That has a 90 day waiting period. If your husband will not agree to a divorce, then you can file only after you have been living separate and apart for 2 years. If that's the route you're going to wind up taking, then it's a good idea to see if a local attorney can help you seek spousal or child support during the waiting period. You're allowed to ask the judge to order your husband to pay your legal fees if he makes a lot of money and you have no income due to disability.
Because you're disabled and unable to work, you should be able to receive spousal support to help you maintain the marital standard of living. When a person requests support while the divorce is pending, they typically get 40% of the difference between the higher-earning spouse's income and the lower-earning spouse's income. For permanent alimony, you can request any amount that you think is fair after considering your ability to earn income and your available assets. Assuming that you're granted custody of the children due to your husband's work schedule, you'll also be entitled to child support. This site has a calculator that will help you figure out how much child support you might get.
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