If my wife and I have been separated over a year but she still hopes we’ll get back together, is there anything that she cn do to hold up the process?

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If my wife and I have been separated over a year but she still hopes we’ll get back together, is there anything that she cn do to hold up the process?

I am moving out of state soon and want to be divorced by then. If she can hold thngs up, how can I fight it?

Asked on January 10, 2013 under Family Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your wife will not agree to resolve the issues between you then the divorce becomes what is known as "contested" and it could takes months or even a year to resolve the matter.  Some counties in Kentucky require that you attend a mediation on the issues and if that does not resolve the matter, you are on to a trial with a Judge.  Good luck.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The most that she can do is ask for a continuance or two for the final hearing.  The divorce process starts with the filing of a petition.  After the petition is filed, spouses must wait at least 60 days before they can finalize the divorce.  As soon as the court will allow, you can request a final hearing if she will not sign off on an agreed decree.  She can't stop the divorce from happening, but she call stall if she asks for and is granted a continuance for the final hearing.  Whether or not the continuance will be granted is up to the judge.  The best way to try to resolve this issue is to request a final hearing early in the divorce and give her more than the required notice of the hearing.  You could then argue that she has had more than enough time to prepare, and that the request for continuance is just a stall tactic. 


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