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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My wife left me one year ago to live in Hawaii.I have ...

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My wife left me one year ago to live in Hawaii.I have been a Florida resident for about 5 years. I am 79 years old. We were together just over three years. She has an expensive home in Hawaii and earns a very good income. I have trying to get a divorce but she keeps delaying any legal action.I have been sending her $1,000 a month. Is it possible for me to get a "legal separation" in contmeplation of finalizing a divorce? Robert Cassidy [email protected] .net
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Thank you Robert for your question,

According to research Florida only permits the filing of divorce, not legal separations. Hawaii does allow legal separation but requires the petitioner to be present in the state to allow the filing for a legal separation. In addition the legal separation is only good for two years, which means that you then have to proceed with divorce after the two years.

The problem here is your wife causing the delays, so it does not matter what option you elect to take. Both divorce or legal separation require resolving the issues of the marriages, the only difference is the status of your marriage.

Not sure why your wife is causing the delays, but in general if you serve her with the divorce petitions and she fails respond, you can then petition the court for a default divorce. She would be given an opportunity to respond and if she fails to take action, you get your divorce based on a default judgment. This way you don't delay in getting your divorce.

I hope this helps, let me know if you need further help.

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