Hello. I am from New York. I want to get a divorce from my spouse but she ain't giving me a consent. We have a child, and she is telling me that i will not see him if iI'm gonna divorce her. I've read that battles over childs custody are complex, and as far as i know most of the child custody cases are won by women. And I am really dont know what to do in such a situation. Also I'm on a tight budget now, and i cannot afford those huge prices for the attorney's work, that can be even pointless in such a situation. Maybe someone help me up with a solution?
You have a
contested divorce.
An uncontested divorce is when you can agree upon a divorce settlement without going to court.
It is pretty clear from what you have posted that your wife is not going to agree to a reasonable parenting plan. If you want to maintain a relationship with your child, and she wants to erase you from his life, I am not seeing you coming to an agreement very easily. You will have to have a
contested divorce because you are contesting the issue of custody and visitation. This means going to court. If possible, retain lawyer. If your wife retains a lawyer, that could actually be good - the lawyer might talk some sense into her, and it might be possible to mediate an agreement without having to go to trial. Or the lawyer might have the same difficulty that you are having, and it will then have to go to trial.
It is possible to do all this pro se (without a lawyer), but that requires a lot of research on your part. Actually, even if you have a lawyer, do some research - the less the lawyer has to do, the less you pay.
Look up parenting plans. Determine what you would ideally like, what's the bare minimum you could stand, and think of what would sound reasonable to an unbiased outsider. Does you wife have any reason to want to limit your parenting time, other than spite? Do you drink or use drugs? Are there any indicated reports from CPS against you? Why does she think that you are a danger to the child?
