Statute of Limitations

[alexis6205]

What is the name of your state?Pennsylvania

My fiance has been seperated from his wife for 3 years in March of 2005. His attorney recieved a letter from her attorney stated that she would not sign divorce papers until he gave her half his pension. He in turn sent her attorney a copy showing that he had already done this previously. It has been 2 mos. since this has happened and now his attorney is saying that he cannot do anything without his ex's approval. Doesn't the statute of limitations resolve this issue without having to need her consent? And if so how long would a divorce take?

Thanks so much!

[pty]

This confuses me, and especially that his attorney is telling him this. You can divorce a spouse without their approval/consent, because it is the judge that grants the divorce, not your spouse.

For example, if they filed for divorce on the grounds of "irretrievable breakdown of the marriage with spouses living separate and apart for two years" then once that two year time period is over (and they've been separated for 3 years, right?), he can go before a judge and ask the judge to grant the divorce. Of course, she can then claim that he hasn't given her half his pension and he can provide the judge with proof that he has. But again, it's the judge that grants the divorce, not the spouse, so he doesn't have to have her consent to get a divorce.

My disclaimer--I AM NOT AN ATTORNEY, and I think he needs to discuss this in more detail with his attorney.