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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1096
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I need to find out if can get divorce from my husband

Resolved Question:

Hi,
I need to find out if can get divorce from my husband whom currently on remand for assault on me?
It is classed as domestic violence but I am unsure of where I stand in regards ***** ***** divorce?
Can I apply and I would I get legal aid if I work but on low income,
I have 3 children and receive child tax and working tax at high rate due to child care cost, I'm not sure I would get legal aid? Helped needed,
Many thanks. Louise
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
I am a family solicitor and can help.
I am sorry to hear how your husband has treated.
You are probably aware that Legal Aid is only now available for family matters if you have been a victim of domestic violence.
If your husband is on remand then he should have been charged with an offence against you. You need to obtain a letter to confirm the charge. Ask your vic***** *****aison officer or the arresting officer if they can provide a letter confirming that your husband has been charged and that you are the victim. Don't worry if you can't get a letter - go to a Legal Aid Solicitor. They will be able to complete a form to request the information from the police.
Once you have this domestic violence evidence - it will last for 2 years from the date that your husband was charged.
After you have the evidence then you will need to have a Legal Help Assessment Appointment with a Legal Aid Solicitor. They will assess your financial eligibility for Legal Aid. If you qualify then they will be able to open a Legal Help file and assist you with a Divorce. This link give you more information in relation to the eligibility criteria :
http://civil-eligibility-calculator.justice.gov.uk
You can also get help in relation to issues such as matrimonial finances and children, if required.
If your husband is released from remand and bail conditions are not in place to protect you - then you should immediately contact a Legal Aid Solicitor to discuss obtaining a Non Molestation Order. If you have not obtained domestic violence evidence by then - still contact a Solicitor immediately - as obtaining a Non Molestation Order in itself is Domestic violence evidence.
Kind Regards
Caroline
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