Can I Divorce My Wife After A 10 Year Separation?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I was married in 2000. In 2003, my wife was caught cheating. I left at that point. From that point on we never lived under the same roof together. Here is the problem, she filed for support in PA in 2003 but it was dismissed by the judge in early 2004. Prior to this my wife had hit me and I filed a PFA that was in affect for 18 months. During that time she lost the land I was in the process of purchasing and she sold the trailer I had purchased. She has told people that she is not going to sign any papers because she wants to be able to get everything I have accumulated since our separation and get my social security when I die. I want to get married again, so I need a divorce but really not financially set to be able to have a lawyer do it. She is not willing to sign any divorce papers. She was in a ten year relationship during this separation.

In regard to filing for divorce, it is in your best interest to consult with attorney. If you cannot afford an attorney, you should look into contacting a non-profit family law center in your community that can provide you with legal advice and guidance.

The property you get to retain post-divorce will depend on the family law code of your state. Most states permit parties to claim their separate property as their own during the divorce in which the other spouse will not be entitled to. However, there are limitations on what property is considered to be separate. You should consult with an attorney to find out your state laws regarding the division of marital and separate property.