My husband was seeing another woman so I left him because he was mentally abusive to me. He took our son because I dont have anybody who can take care of him while I'm at work and also I can't afford a daycare. He's living with the woman that he was seeing till today and won't divorce me. I asked him to do uncontested divorce but he refused.
Lawsuit / Dispute Attorney
If your husband is refusing to file an uncontested divorce with you, then you would need to file as a contested divorce. He cannot prevent you from divorcing him. During the course of the divorce action the parties will be "encouraged" by the court to reach an agreement, at least to as much as possible. Matters that cannot be agreed upon will be handle by the court at trial.
Consider speaking to an attorney about representing you to be sure your rights are protected. Feel free to contact me at (781) 438-7100.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.
Criminal Defense Attorney
You need to file a complaint for divorce, along with several other documents including a certified copy of your marriage. You need to keep copies of everything you file. You need to ask the court for a summons, and serve a copy of what you file and what you receive from the court to your husband. Keep copies of everything you send to your husband. That is how the process starts.
Contact me with any questions at 978-749.3606