Can a person of low-income file the petition to waive court fees if it is a fault based divorce?

Asked over 3 years ago - Lancaster, PA

One spouse wants the divorce and the other does not and is making it very difficult. They were seperated for about 5 months but he never legally changed his address. He is now back living in the home which is his fathers, so neither own the home. He is cruel to the spouse. They have 3 children together. She does not have a job and is going to college online. She has little money, just whatever he gives her for the week. We need some legal advice and cannot afford the money it costs up front.

Attorney answers (2)

  1. Patrick James Best


    Contributor Level 8

    Answered . Generally speaking, fault-based divorces are very difficult and costly to obtain.

    Her interest will best be served by hiring an attorney. If this person is of limited resources, I would recommend calling the county bar association or legal aid office to see if a pro-bono attorney is available.

    Additionally, she could file for spousal support. Her husband would be required to pay monthly support until they were legally divorced. This often acts as a motivator for the payor spouse to consent to the divorce.

    She can also request that the court require her husband to pay counsel fees and court costs she incurrs as a result of the divorce.

  2. David Alexander Browde


    Contributor Level 20

    Answered . You should see if there is a low cost legal clinic available in your area. The courthouse clerk may have information - also you might check at your church or other social services agency.

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