What can I do if my wife and I have been separated for over 3 years but she still will not agree to a divorce?

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What can I do if my wife and I have been separated for over 3 years but she still will not agree to a divorce?

Every time I bring it up she changes the subject. I have since moved out of state.

Asked on September 16, 2018 under Family Law, New Hampshire

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can still file for the divorce. You can do so in the state in which you legally reside or in the state in which your wife legally resides. If your wife refuses to sign the divorce papers, then you can obtain a "divorce by default". In such a divorce, only you as the filing spouse will need sign the papers. However, you  will have to formally notify your wife of the proceedings. If she does not answer the action, then the court will grant the divorce on the terms that you requested. Since 2 states are involved, you should consult directly with a divorce attorney in your area; they can best advise you further.


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