When to file for divorce

[Sarahd3342]

Hi
My husband left unexpectedly in the summer and immediately cut off all financial ties except the mortgage which he cant. He has delayed all financial things and is crippling me as he was the breadwinner and has stopped paying for things.

Should I just file for divorce to get things moving? Is there any harm in doing this?

Thanks

No absolutely file for divorce! And good luck x

Sorry to hear you are going through this. It can be really tough having financial support cut without warning. You may be in shock perhaps?

It sounds like you are unsure about whether to start divorce proceedings. Do you know why you are feeling unsure? Are you hoping for reconciliation or is there another reason you are hesitant?

Re the money, have you been to citizens advice or somewhere? You may be entitled to help from universal credit perhaps?

It's understandable you want to get things moving, especially given your financial strain. Filing for divorce can indeed help achieve that, but it's important to understand the implications and whether it's the right step for you right now.

Here's what filing for divorce can do:

• Formalize the separation: It legally acknowledges the breakdown of your marriage and sets the legal process in motion for resolving financial matters.
• Financial orders: Allows you to apply for financial orders such as maintenance (spousal support) and child support, which can provide immediate financial relief.
• Access to information: The divorce process compels your husband to provide full financial disclosure, giving you a clear picture of your financial situation.
• Legal protection: Protects your assets and ensures they are fairly divided.

However, there are also things to consider:

• Cost: Divorce proceedings involve costs, including court fees and potentially legal fees.
• Emotional impact: Divorce can be emotionally draining, even when initiated by the other party.
• Potential for conflict: If your husband is already being uncooperative, divorce proceedings might escalate tensions.
• No guarantee of immediate resolution: While filing starts the process, it might not result in immediate financial relief.

Before filing, consider these steps:

• Legal advice: Consult a solicitor specializing in family law to understand your rights and options. They can advise on the best course of action for your specific circumstances.
• Mediation: Explore mediation as a potential way to resolve issues and reach agreements without going to court.
• Communication: If possible, try to communicate with your husband about your financial needs and urge him to engage in the process.

Ultimately, the decision to file is yours. If your financial situation is dire and your husband is refusing to cooperate, filing for divorce might be the necessary step to protect yourself (and if applicable your children). However, it's crucial to seek legal advice first to make an informed decision.

https://divorceforum.uk/