If my fiance has been legally separated for a year can she file for divorce now?

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If my fiance has been legally separated for a year can she file for divorce now?

We want to get married this year, and we just want to get the ball rolling on her divorce from this guy. He was nothing but abusive mentally and emotionally and did not take care of their 2 kids, whom we have custody over because this is a better environment for them. I just want to know what we have to do in order to get it all started.

Asked on July 17, 2011 under Family Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your fiance' can file for a divorce at this time. However, before you and she can get married, there has to be a decree of dissolution of her marriage with her former husband.

In most States of this country, one cannot get a divorce decree (order from the court that one is no longer married) until at least six months after the marital dissolution petition is filed. If this is true in the State where the divorce proceeding will be filed, you cannot marry your fiance' for at leat half a year and perhaps longer. She would be able to re-marry only upon an order from a court that her previous marriage is dissolved.

If she wants to marry you, she needs to start the divorce proceedings with her current husband. This requires filing a petition for dissolution in the county where her husband lives.

 


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