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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 5 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.