we have been seperated for over 6 years now and we both never had the time to get a divorce. she occasionally request a divorce and i grant it, but she never shows up to complete it. alot of people are telling me she's waiting for the 10 year to collect, but i find that hard to believe. if i pay child support through the court why would a judge grant her alimony. wouldnt the judge ask her why she waited so long for money?
2006-12-13 05:46:46 · 7 answers · asked by joey42700 1 in Family & Relationships ➔ Marriage & Divorce
Yoour " ex" is way past the point of collecting alimony..that is usually for about 1 year to get her on her feet....You do not need her presence to get a divorce..file the papers, sign, and let the courts take care of it..you have no excuse for not being divorced after this length of time. Good luck
2006-12-13 05:52:16 · answer #1 · answered by Anonymous · 0⤊ 0⤋
This answer is best suited to be asked of an attorney. State laws vary.
You state that you both have not had time to get the divorce. I can only speak for Ohio law, and in Ohio, if the paperwork is filed with the court, a court date set, and one of the participants does not show up, the divorce is still granted. In essence, it shows the court that the other party really does not care for the marriage, so why keep it together?
Talk to your attorney, and get his/her advice. File the paperwork, and get the divorce finalized.
Good luck
2006-12-13 05:54:30 · answer #2 · answered by bux_martinfan 3 · 0⤊ 0⤋
I would look into your state laws. I know in the state I live in, even if you are separated, without a legal separation through the court property purchased is considered marital property. For example in my state, if I were separated from my spouse and I bought a house while separated, then file for divorce years later my home becomes marital property. I would call a lawyer for a free consultation.
2006-12-13 05:53:49 · answer #3 · answered by Shining Star 2 · 0⤊ 0⤋
Yes, she is probably entitled to alimony even though both of you were "too busy" to file for divorce.
2006-12-13 05:52:43 · answer #4 · answered by AnnieD 4 · 0⤊ 0⤋
Most states after a year they are not even allowed a property settlement
2006-12-13 05:53:38 · answer #5 · answered by Anarchy99 7 · 0⤊ 0⤋
You need to talk to an attorney.
2006-12-13 05:51:45 · answer #6 · answered by ransdoll90 4 · 0⤊ 0⤋
No.
2006-12-13 05:51:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋