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17 answers

My brother is going through the same thing. He and his wife have been living apart for about 16 years. He lives in New Orleans and she lives in a town in nearby Mississippi. She is still living in a home they owned together. Well, I should say was, as Hurricane Katrina destoryed the home.

He met a new girl and decided to get divorced. He had to hire a lawyer. The lawyer tried to suponea the wife with the divorce petition, but the wife had decided to stall things when my brother told her he was filing. She checked herself into rehab for a few months and could not be served with the paperwork.

After she got out and the papers were served, she decided that she wanted financial support and other things even though they had been seperated for years with no real support from her husband. My brother produced a letter that she had written about how all of the problems in the marriage had been caused by her drug addiction.

The judge ruled in favor of no support due to the letter and the fact that they had been living apart for so long. The divorce was over except for the final paperwork.

Then came Hurricane Katrina. The law offices were flooded, records of the divorce destroyed and the law office never re-opened. Because the final papers were never filed after the court hearing, the divorce never went through.

Now they have to find new lawyers and go back to court to do the divorce over again. What a mess!

I hope things go more smoothly for you. If he has not been in touch with you, it should go much more easily. The lawyer will just place an ad in the paper of his last known residence and if he does not protest, the divorce will be decided by a judge in your county.

If you and your husband share any assets, such as a house or business, it will be much more difficult.

Either way, I think you will need a good lawyer. Hopefully, he will not protest and things will go smoothly for you. I hope so. Best wishes.

2006-07-19 07:39:08 · answer #1 · answered by JustLookinAround 3 · 4 0

Simple...either go to the court house and get a "do it yourself" divorce kit and file it OR get with a lawyer and have them do it. Do it yourself is tons cheaper. If you have been separated that long I do not think any court will see any point in not granting the divorce. There will be court costs involved but minimal by comparison to having a lawyer involved. Call your local court house and find out how to go about doing it yourself. They can tell you everything you need to know. Unless there are extenuating circumstances and asset matters that need to be worked out, the process should not be too difficult. If those things are invloved then the two of you can come to a written agreement signed by both of you and turn it in to the court as part of the divorce agreement or you can petition the court as part of your application for the court to decide these matters for you and leave neither of you to have a say in what is decided. Sometimes that is the simplest way to go. Saves all the fighting and long court battles. Hope this info was useful and good luck to you dear! I've been through an ugle divorce and it is no fun.

2006-07-19 14:30:46 · answer #2 · answered by Anonymous · 0 0

When I got diverced after 2 years separation it was easy - just go to the county court get the forms and pay the fee.

Do you know where your (ex) spouse is living? Cos you might need that to file the papers - but after that long I'm not sure. Don;t bother with the expense of a lawyer unless you have a huge estate - I'm assuming that after 25 years you have sorted out money and stuff between you.

Thinknig about it - you might be able to file even without an address - I am pretty sure that over a number of years you can just petition but the notes that come with the papers are pretty easy to follow and will tell you what's what.

2006-07-19 14:41:55 · answer #3 · answered by Leapling 4 · 0 0

if its ammicable and u both want a divorce you can do it for £50-£150 pounds can do it thru solicitors or on the net. U can divorce after 2 years of seperation so ure well in that time limit

2006-07-19 14:16:36 · answer #4 · answered by cas 3 · 0 0

After being separated so long you and your spouse should be able to get a clean cut divorce. You may be able to just go and get one without having a lawyer or anything. I am assuming there are no items that need to be divided up amongst the both of you. For the most effective way you can go to the library I think and run some copies of the paperwork you need, or go online and get them.

2006-07-19 14:12:07 · answer #5 · answered by TiaLee 2 · 0 0

Err go see a lawyer and then sign the paerwork. You have to go through the same legal process as people who have only been seperated a short period of time.

2006-07-19 14:12:25 · answer #6 · answered by Anonymous · 0 0

It all depends on the laws where you live. Each state has their own legislation in matters of family court. The easiest way to find the answer is do a google search for your state laws regarding divorce. Try googling this: divorce laws: YOUR STATE HERE. I hate to send you off to another site, but without knowing where you live, there is no way to give you a certain answer.

Good luck.

2006-07-19 14:11:58 · answer #7 · answered by Lanie Janie 2 · 0 0

In the UK if you have been separated for 2 years (or 5 years on abandonment i think) - you can get an automatice divorce - see a solicitor it should be easy

2006-07-19 14:25:25 · answer #8 · answered by LifeChange 3 · 0 0

File the papers - I would get a lawyer because you have been legally married so all assets are part of the divorce - retirement, bank accounts etc so if I were you I would just say what is in your possession is yours and what is I'm my possession is mine. GOOD LUCK

2006-07-19 14:24:49 · answer #9 · answered by middle aged and love it 3 · 0 0

Same way you would go about it if you weren't separated for 25 years. If you don't have the money for an attorney, go to your local county courthouse and they probably have a packet of instructions and forms for sale to assist you through the process.

2006-07-19 14:11:29 · answer #10 · answered by Just Me 3 · 0 0

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