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troubles with getting a divorce

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  • troubles with getting a divorce

    My Best friend has been legally separated for 10 years. He has since moved in with a (common law) spouse(9 yrs ago), they have a 7 year old daughter together, and have moved on with life. HOWEVER, he has tried 2 times to get a divorce from his wife, and both times she has cried there is a chance for reconsiliation. at $1500. a pop, and two failed attempts he is extremely frustrated. is there a law that at after certain length of time he can file for divorce, and without her sabotage, be granted one? he has had no contact with her, wishes to avoid her like the plague..
    any suggestions would be great.
    thanks ever so much..
    PS. i am NOT the common law spouse.. i am the best man for the next wedding..

  • #2
    Hi pinchme,

    A marriage can never become legally dissolved simply as a result of being separated for so many years. Once a couple legally marries, the only way to completely sever the relationship (legally) is to obtain a divorce.

    Your friend may proceed with a simple uncontested divorce. With this kind of UCD, he does not need his wife's particpation. There are loads of posts on here re simple vs joint UCDs, so have a look using our search options. Basically, with a simple UCD, the wife would only have to accept service of the application and do nothing else. While she does have a right to contest the application by serving and filing an answer, she can't contest the divorce simply because she doesn't feel like granting same. She must have a legitimate reason to contest the divorce. For example, she could make a spousal support claim or a child support claim.

    If there are absolutely no issues arising out of the marriage, OR if these issues have already been dealt with by agreement, I think your friend would be okay going with the simple UCD. However, I just want to reiterate... the wife DOES have the right to respond to the application. From the information given though, it sounds at though she just doesn't feel like cooperating.

    To be on the safe side, I suggest that your friend consult with a lawyer before doing anything. The lawyer would be able to advise him on what issues his wife could bring up based on the case's specific circumstances.

    Lindsay

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