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I want a divorce but I'm not working because I'm in the

Customer Question
process of filing for disability...
I want a divorce but I'm not working because I'm in the process of filing for disability. I have Crohn's disease among other health issues. I have been married for 8 years and I was a full time teacher for the past 10 years. We have two children ages 6 & 7. I have been the primary caregiver. My husband makes a lot of money but at the expense of our family. What options do I have?
Submitted: 2 years ago.Category: Family Law
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Answered in 5 minutes by:
3/8/2016
Family Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

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?

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Customer reply replied 2 years ago
PA
Family Lawyer: Lucy, Esq., Lawyer replied 2 years ago

Thank you.

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.

https://www.humanservices.state.pa.us/csws/csws_controller.aspx?PageId=csws/support_estimator_overview.ascx&Preference=Desktop&Owner=Client

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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