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My daughter was just engaged. Her fiance is separated, but

 

Customer Question

My daughter was just engaged. Her fiance is separated, but not divorced. It has been this way for 13 years. His wife refuses to give him a divorce unless he gives her a large amount of money, which he does not have. She has been committed at least once to Bellevue Hospital because of her mental problems. He pays her child support because they have three children under 21 and she has custody, although she has alienated the children. What recourse do my daughter and her fiance have, without a lot of money to spend, to be able to get his divorce and get married in the fall of 2010?

Thank you.

 

Optional Information:
State/Country relating to Question: New York

Already Tried:
They just became engaged, so the only attempt was for him to talk to his ex-wife.

Submitted: 1258 days and 15 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  MShore replied 1258 days and 15 hours ago.

He can still file for a contested divorce, the difference between a contested divorce and an uncontested divorce is that in the former one spouse does not want the divorce and will not voluntarily agree to it.

Customer replied 1258 days and 15 hours ago.

Since he supports the children, and my daughter has one child, they cannot afford the cost of a contested divorce.

Accepted Answer

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Expert:  MShore replied 1258 days and 15 hours ago.

then his only recourse is to request a waiver of court costs in his filing for a contested divorce based on economic hardship.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.3 %
Accepts: 19125
Answered: 11/1/2009

Experience: Negotiate, Draft, and Review many complex commercial agreements each year.

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