Family Law Questions? Ask a Family Lawyer Online.
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Good morning. I am so to hear about what you are going through. There is no law which requires him to wait for mediation, until you get a high paying job and he likely wants to do that you avoid having to pay you any support. As such, you can file for divorce, if you desire, which would start the process. As you shared, if you can not work this out and reside in the home, then you do want to file. When doing so, you can ask for temporary custody of the kids, until the divorce is final, as well as support and that he pay your attorney fees, as well.
What is it that you want to use mediation for, at this time? A separation agreement?
Yes, ideally, this will be put in place, so that you do not have to rush to divorce as there may be a chance you can work this out and reconcile. As long as he acts in good faith and is willing to try and work on this, it should be worked out. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.