Divorce!!! wicked word, but need peoples' input?
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ok where to start, my friend is getting a divorce, her hisband says he wants the "uncontested divorce" but refuses to sign and comply with what she is wanting. so therefore he is "contesting" she has 2 childeren. One he fathered, and one from a previous relationship, He has been served with his child support paperwork, but he wants proof that the other childs father is paying as well, I believe that her other legal actions are really none of his concern at this point, but he refuses to pay her unless she proves that the other father is payin. so he is stressing her out beyond almost what she can handle, I have told her that if he does keep this action up, she should just simply tell him that she will go and file for a contested divorce and really hammer the guy the way that some women can hammer the guys. As it sets now, she is asking for nothing the way that some women want 50% of what the guy has, house, car, this and that, half the bank half this and that, you know really bend the guy over the coals, all she wants is the divorce. What kind of advice can i offer her? Because if she does turn to her Laywer and say ok its now a Contested, Her Lawyer will want atlest $5000 retainer, and she don't even have the gas money to go to work right now, he has sent her NOTHING and every 2 weeks insists that she drive 288 miles on friday to drop off her daughter, then again on sunday to pick her daughter up. So I do have a little bit of personal grudge against the guy, and the drive is only the icing on the cake. Any serious comments would be greatly appreciated
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Answer:
She can go to legal aid and file for a separation and demand child support. It doesn't matter if the other father is paying or not. The law is that the father has to pay. It doesn't matter if they are divorced or not. He has to pay child support. If he refuses then she needs to take him to court. When she files for divorce she needs to include that she wants money for the lawyer because her husband did not go along with what she needed for a uncontested divorce. So, he is giving her no choice. She also needs to tell him that if he wants to see his child, she will meet him half way. If he doesn't want to do that then he doesn't get to see the child. Also, for your information, when a man marries he is giving his wife half of everything he has and she is doing the same. That's what a marriage is, it is two people becoming one. When you divorce then you should get half unless you have made other arrangements prior to marriage. She can only do an uncontested divorce if he is willing to do what is right. Obviously that is not the case so she needs a lawyer. Evidently she is dealing with an a$$hole. When dealing with an a$$hole you have to be one back.
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Other answers
It is not an uncontested divorce if the husband is disagreeing with any part of the specifics. It is contested and will therefore require the assistance of a lawyer to get it finalized. If she request child support and the husband mentions his doubt about the paternity the judge will order a DNA test. When the DNA shows he is the father he will be ordered to pay child support - no way out of it then. As far as who gets what, it depends what state they're in. Community property states (there are 10) require all assets, debts be split 50/50 during a divorce, otherwise the judge will split things fairly between the two spouses if they cannot agree.
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