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Does a restraining order against your husband gives you a divorce or do you have to file for it separately??? |
i have a restraining order in place against my husband and i don't know what to do next no one is really giving me any info i tried legal aid and they just give me the run around. they say, "call here, oh wait, call here." and its so annoying i just want to get a divorce. so does a restraining order come with a divorce or what should i do??? I'm so confused!!! A restraining order and a divorceare TWO TOTALLY different things. A restraining order is usually set in place when you are being harassed and you are put at risk for potential harm. A divorce is to disolve your marriage. In regards to legal aid, you get what you pay for. If you have no children your divorce should be fairly easy. You can pick up the paperwork for FREE at your local county courthouse or even look up and download the paperwork online. I just went to my courts page and found it. I live in Los Angeles, so I just went to the Los Angeles County court website and found all the information there, I even got a fee waiver which meant I saved about $300 because at the time I wasn't working and couldn't afford the courts filing fees. If you can't afford an attorney, I'd suggest you consult with a paralegal and ask them to help you fill out all the paperwork and then have someone serve him the divorce papers. You have to wait a year here in Canada to file for a Divorce then he has to be willing to sign also..A restraining order only last one year here but it has nothing to do with a divorce .That my dear you will have to wait a yr. for and if he will sign because them guys get very angry when you put an order against them.. A restraining order is separate from a divorce. A restraining order tells him he can't come within a certain distance of you, your workplace or where you live. It's designed to give the police the ability to arrest him should he violate the order. No , a restraining order doesn't come with a divorce unfortunately. You have to file separately you should go to the courts and see if they will appoint you a lawyer to represent you. Good Luck and I hope everything works out well for you. No, the restraining order does not grant you an automatic divorce. You either have to get a lawyer or get a do-it-yourself divorce kit. You need to tell whoever is at legal aid to get their act together and get you some help. It depends on your state laws. When I went through my divorce in KY they were separate. I would go out find an attorney (mine cost close to $800.00) but it was all done legally with no loopholes for the other to fall back on. go to ur courthouse and file the divorce paperwork, or get a lawyer and he/she will start the paperwork for you. go to your local courthouse and file your petition for divorce- the restraining order is seperate. |
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