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I don't even know where to begin. my husband has filed for…

Customer Question
I don't even know...

I don't even know where to begin. my husband has filed for divorce. first of all I am disabled,i suffer from PTSD severe anxiety and severe depression. I have had many surgeries. we have been married a total of 3 years and 9 months, but we have been living together as a family since 2003. my daughter is my caretaker, she lived with us and still lives with me. my ex is an alcoholic. one evening he was drunk we began arguing he kicked my daughter/caretaker out then myself telling me many times he pays 99% of the bills that my disability check isn't crap. he grabbed a hold of me I told him to not put his hands on me. I was scared distressed I have no money for an attorney I don't know what to do

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California. I now live in arizona

Lawyer's Assistant: Have you talked to a lawyer yet?

No I have called to talk with an attorney and California wants to see me no phone consultation Arizona legal aide does not touch California law

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The divorce was filed in May but I wasn't served till November 1 2017

Submitted: 4 months ago.Category: Family Law
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Answered in 3 minutes by:
11/26/2017
Family Lawyer: P. Simmons, Lawyer replied 4 months ago
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 36,564
Experience: 16 yrs. of experience including family law.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Family Lawyer: P. Simmons, Lawyer replied 4 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

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Customer reply replied 4 months ago
what do I do what can I ask for I am recovering from surgery. will the judge accept a letter from my self and my surgeon
Customer reply replied 4 months ago
i am seeing a counselor for all that has happened. i am not able to travel. i don't have the money for attorney fees
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

Can you tell me, does your spouse have an attorney?

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Customer reply replied 4 months ago
no he doesnt
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

Was the divorce filed in AZ or CA?

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Customer reply replied 4 months ago
ca
Customer reply replied 4 months ago
i make 761.00 a month on ssdi
he makes approx. 2000.00 a week
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

Are you both in agreement on "who gets what" for the divorce?

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Customer reply replied 4 months ago
we don't speak
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

Have you made an appearance yet (have you been in front of the judge)?

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Customer reply replied 4 months ago
no my doctor will not let me travel
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

Thanks
Is a hearing set yet?

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Customer reply replied 4 months ago
i don't think so
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

THanks

So what are your specific questions? Are you asking about what the process is (if you can not agree on terms)?

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Customer reply replied 4 months ago
if he filed in May2017 and i was just now served nov 1 2017
wasn't i to be served legally within thirty days of him filing for divorce
Customer reply replied 4 months ago
am i able to write to the judge
to explain my situation.
Customer reply replied 4 months ago
am i eligible for long term support
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

If you are representing yourself, you can communicate with the judge. But you will need to appear, in person, to make your points.
I agree that he should have served you within 30 days...you can raise this, with the court, at the first apperance. This can be grounds to have the case dismissed (so he would have to refile the case)

As for support?

That depends on MANY factors...but if you can prove that you are eligible for alimony, the court can award it

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
what do i do if icant afford an attorney
Customer reply replied 4 months ago
are you still there
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

I am

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Family Lawyer: P. Simmons, Lawyer replied 4 months ago

The best way to solve this, is to reach agreement.

a divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This takes longer and involves attorney fees for both sides.

SO, if you can agree with your "soon to be ex" on who gets what, great! If not, you need an attorney.

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Family Lawyer: P. Simmons, Lawyer replied 4 months ago

So can not afford an attorney? I would be speaking to your spouse trying to find a way to resolve this amicably

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Family Lawyer: P. Simmons, Lawyer replied 4 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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