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jenaann529

Junior Member
What is the name of your state (only U.S. law)? PA

My mother in-law is currently dealing with terminal lung cancer (only 48yrs old) and does not have much time left. We recently found out that her divorce that she started 2/15/06 was never finalized. We started the process again, using the same papers from before and her husband signed them, we just sent them to court and they rejected them stating it's been 3 years since they were first drawn up they want the process started from scratch. Can they do that?? Is there a time limit?? Our attorney just said we have to start over. Is there anything else than can be done?? She even said that she just wants to be divorced before she passes. Any help is greatly appreciated.
 


ShyCat

Senior Member
We started the process again, using the same papers from before and her husband signed them, we just sent them to court and they rejected them stating it's been 3 years since they were first drawn up they want the process started from scratch. Can they do that??
Yes.


Is there a time limit??
Obviously. Something less than 3 years.


Our attorney just said we have to start over. Is there anything else than can be done??
No.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? PA

My mother in-law is currently dealing with terminal lung cancer (only 48yrs old) and does not have much time left. We recently found out that her divorce that she started 2/15/06 was never finalized. We started the process again, using the same papers from before and her husband signed them, we just sent them to court and they rejected them stating it's been 3 years since they were first drawn up they want the process started from scratch. Can they do that?? Is there a time limit?? Our attorney just said we have to start over. Is there anything else than can be done?? She even said that she just wants to be divorced before she passes. Any help is greatly appreciated.
As you know, there are a multitude of ways to drag a divorce out.

Therefore, while she will need to work the divorce process and try to expedite it as much as possible, don't count on her having the divorce in time.

She should speak with her attorney about OTHER ways to protect her estate (if that is the issue here). While there are limits to what she can do with a will, she should make sure her will is up to date and that as much as possible is handled there. She should also talk about whether setting up a trust might be an option to protect some of her estate. Again, there will be limits to what she can do, but even a little bit might help.

Finally, it might be worth seeing if they can expedite the divorce process via mediation. She might have to give her stbx more than she wishes, but it could still be less than he would get if she dies before the divorce is final.
 

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