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i need to divorce my husband on the grounds of DV but i do

 
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  • Answered by:claire
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Customer Question

i need to divorce my husband on the grounds of DV but i do not qualify for legal aid and cannot afford to pay a solicitor, we also have a child who is disabled and my husband is also mentally abusing her how can you help?

 

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Province/Country relating to question : UK

Already Tried:
Started proceedings with lawyer but the company stopped doing legal aid andthen i couldnt afford to pay

Submitted: 330 days ago.
Category: UK Family Law
Value: £22
Status: CLOSED
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Expert:  claire replied 330 days ago.

Hi
Are you sure you don't qualify for legal aid - I ask because you say that your solicitor has stopped doing it which is a different issue?
Claire

Customer replied 330 days ago.

I had to move out of the house so had to work extra hours to pay for flat which took me over the threshold!

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Expert:  claire replied 330 days ago.

Hi
Who does your child live with and how old is she?
Claire

Customer replied 329 days and 23 hours ago.

She is 14 and lives with me but has been head worked by her father and is very depressed about the whole situation

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Expert:  claire replied 329 days and 19 hours ago.

HI
Sorry for the delay.
First please re-check your eligibility here
http://legalaidcalculator.justice.gov.uk/calculators/eligiCalc;jsessionid=0CE9296650E5123255C0678F9928D5C9?execution=e1s1
Just in case.
If not then you can in fact do the divorce yourself - you can geta pack with all the forms and a guide to completing them from your local county court.
The Court fee is £340 but you may be eligible for a reduction.
You have not said what contact your daughter has with her father but if you feel that it is not in her best interests you should discuss matters with her social worker/consultant
Claire

Customer replied 329 days and 16 hours ago.

I have already checked and am not eligable, also as her father is out to destroy me by any means possible doing this myself is not going to work, Im attending councilling but cannot afford the £340 you are quoting me!!!! did you not actually read my earlier post? i do not have the funds to divorce him myself but also do not qualify for legal aid? this is my dilemma!!! I need to get this controlling mind working horrible man out of my daughters and my life but there seems to be noone who can help!!

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Expert:  claire replied 329 days and 7 hours ago.

Hi
I did read your post but sadly there are few options available
You may well be eligible for a reduction in the petition fee - you will be able to check using the form EX160 available here
http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex160a-eng.pdf
Please be aware this is a Court fee and nothing to do with solicitors fees at all.
I appreciate how daunting things are - but starting the divorce process is the beginning of protecting you both.
You can get support from the charities Womens Aid (www.womensaid.org.uk) and Refuge (www.refuge.org.uk)
Claire

Customer replied 329 days and 7 hours ago.

Thank you for your reply, however looking at your answers im back to square one again and there is nothing you can do or help with!! So you actually havent managed to help me any more than ive helped myself so far!! why is this process soo bad for women suffering DV yet the law seems to want money hand over fist to sort it when peoples lives are potentially at risk?

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Expert:  claire replied 329 days and 6 hours ago.

Hi
I am sorry - I am deeply aware of the problem that those on the legal aid borderline face (a problem which will become more widespread next year)
Some legal aid lawyers do assist privately using the low legal air rates - the best way to access that is via the local refuge who have usually established a close working relationship with at least one local family lawyer sympathetic to the issue
In addition many of their support workers are skilled in their own right
Above all else however you are clearly articulate and able (albeit battered by your recent experiences) and you can start the divorce yourself - if you have problems with the forms I can assist as a continuation of this thread
Claire

Customer replied 323 days and 1 hours ago.

Sorry its been a while only ive been busy with other things, i feel that all of the information you have given me i have already tried and have found for myself!! So infact all i seem to have achieved is go back to the start where i began :(

It would appear there is no fix for my situation (unless i win the lottery) and the system (legal and otherwise) has completely failed me! I am at my wits end and there is no light at the end of the tunnel! As your answer has not actually helped me in any way i feel very reluctant to pay you as i really cannot afford to. had you actually come up with a solution to my dialemma i would happily have paid, sorry for your time and i hope you understand!

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Expert:  claire replied 322 days and 23 hours ago.

Hi
The only solution is the obvious one I am afraid - you need to do it yourself - there is nothing to prevent you from doing so.
Claire

 
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