Wonder if someone can answer me.

[PhillyK]

HI,

I"m involved with a man, that is still married to a person he has not been with for 16 years, she will not give him a divorce, their daughter is 18, she has since moved on to another man and had 4 children with him. The lawyer says he may have to go to the supreme court. I think he is being yanked around, since then her lawyer has moved into the same building as his lawyer now there is conflict of interest. Isn't there a statute of limitations or something on this kind of situtation, or can he get a divorce without her being involved at all? Sole Action Divorce maybe? I need to let him know what he can do, he is the more not so pushy type, and I think he is being to nice.
Sincerely, and Thanks

[Lindsay]

Hi PhillyK, and welcome.

Marriages are not automatically dissolved by a certain numbers of years of lack of contact, separation, etc., at least not with the government (religiously, perhaps). Your partner must apply for a divorce through the court system.

Has his wife given any reason as to why she does not want a divorce? Is she benefiting in any way as a result of their still being married, or does she just not want to participate?

If she doesn't want to participate, your partner could apply for a sole uncontested divorce. Please see this thread for more details. This thread may also be helpful. Basically, the wife only has to accept service of the application and forget about it. If the wife does not respond with an answer within 30 days of being served with the application (which is what you want to happen), she does not have a right to hinder or participate in the divorce process.

Another option is for your partner to bring a divorce application and allow the wife to answer it. Without knowing any details of the relationship, I think the only main issue that your partner may face is any child support claims, but if he has been paying his child support and his share of extraordinary expenses, I don't think that's anything to worry about. The wife also has a right to claim spousal support, but I doubt she will get very far with this considering that the parties have been separated for 16 years and she has since been in a long-term relationship with someone else.

I'm not sure about the reference to the Supreme Court. Cases like this happen all the time and it will likely be resolved through the Superior Court. As far as a conflict of interest, being in the same building wouldn't apply. It's my understanding that the lawyers have to be working in the same office for this to happen. If you're in a small town, unfortunately all lawyers usually know each other very well, and it can be very tough finding counsel that hasn't been buddies with the other side for several years.

Lindsay