Divorce not filed

[concerned1]

What is the name of your state? Montana

My sister has been seperated from her husband for about 4 years. He filed for divorce and full custody and has failed to pay the attorney. Because of this, the attorney won't file the divorce but has told my sister that she can't file either because he has the paperwork "pending". Is that true? Nothing has been filed with the courts. Can she file for divorce herself? Thanks for your help!

[I AM ALWAYS LIABLE]

Originally Posted by concerned1

What is the name of your state? Montana

My sister has been seperated from her husband for about 4 years. He filed for divorce and full custody and has failed to pay the attorney. Because of this, the attorney won't file the divorce but has told my sister that she can't file either because he has the paperwork "pending". Is that true? Nothing has been filed with the courts. Can she file for divorce herself? Thanks for your help!

My response:

If that's what the attorney actually said (and it's difficult for me to believe he did say that), then he doesn't know what the hell he's talking about. Your sister has every right to file her own action. You can't keep someone married when they don't want to be married, despite the fact that "he has the paperwork "pending".

IAAL