long term seperation

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My fiancé has been separated from her ex-husband for nearly 12 years. He is a controlling manipulative individual who has never paid any support for their three kids, albeit distant, since their separation but has maintained a relationship with them.
My fiancé approached him regarding making their divorce final and is being exceptionally difficult in agreeing to sign any divorce paperwork.

My question is, is there not some sort of statute of limitations on how long a couple has been separated before one half can simply file by themselves? If so, how long is the waiting period, and is it complicated to go this route?

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Jennifer M. Long, B.A. J.D.

10 years ago

No its quite simple. You serve him with a simple divorce application (someone over 18 has to serve him and it cannot be the spouse). Once thirty days expires, the party asking for divorce can simply file an affidavit for divorce and set it down for divorce. Depending on the court, it can take a few months to be signed and finalized. However, if there are issues of support etc. that have not been finalized, this should be addressed. You are best to seek the assistance of a family law lawyer to assist you and advise your partner on her rights.

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