Legal Question in Family Law in New York
My husband and I have a 3 year old boy. We have had difficulties in our marriage for the past 5 years and both agree to a divorce. He refuses to go to a mediator and told me that I will have to serve him with papers in order for him to agree to separate. My questions is how do I go about doing that and what would be the cost? I am a stay at home Mom and don't have an income. He is refusing to pay the house hold bills this month out of spite and I don't know where to turn.
2 Answers from Attorneys
A divorce can get quite complicated when there are children and issues of spousal support involved. Even though you don't have an income, you should still consult an attorney. In a divorce, almost invariably, when one party has all the money the court will require that party to pay the legal costs of both sides.
The actual court costs (aside from attorneys fees) are not high. Starting the case costs $210.00, the fee for what's called an Index Number. Process servers typically charge under $100 to serve papers and provide an affidavit of service.
I agree with David. You may also want to go immediately to Family Court for child and spousal support. Generally, you can go to the Family Court's intake room and the Court will help you complete support papers.
Mike.
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