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divorce and business law suit

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What is the name of your state (only U.S. law)? Alabama

Have a friend who has been trying to divorce her husband for three years. They owned a business together and lost the franchise, now the parent company is suing them and they (she) has filed a counter suit. The husband has been missing in action during all this, doesn't show up to hearings or meetings, related to the divorce or business litigation, presently doesn't even have an attorney, pays nothing toward child support even though he is working.

Her divorce attorney tells her she needs to finish up the business litigation before proceeding with the divorce, but in the meantime keeps churning out billable hours for "prep". The business litigation could take years before closure, are there valid reasons to stay married but legally separated during this time?
 


LdiJ

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

Have a friend who has been trying to divorce her husband for three years. They owned a business together and lost the franchise, now the parent company is suing them and they (she) has filed a counter suit. The husband has been missing in action during all this, doesn't show up to hearings or meetings, related to the divorce or business litigation, presently doesn't even have an attorney, pays nothing toward child support even though he is working.

Her divorce attorney tells her she needs to finish up the business litigation before proceeding with the divorce, but in the meantime keeps churning out billable hours for "prep". The business litigation could take years before closure, are there valid reasons to stay married but legally separated during this time?
Property settlement issues could be a problem. However she might want to get a consult with another attorney. There should be a way to accomplish an actual divorce, while still leaving the property settlement open.
 

mistoffolees

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

Have a friend who has been trying to divorce her husband for three years. They owned a business together and lost the franchise, now the parent company is suing them and they (she) has filed a counter suit. The husband has been missing in action during all this, doesn't show up to hearings or meetings, related to the divorce or business litigation, presently doesn't even have an attorney, pays nothing toward child support even though he is working.

Her divorce attorney tells her she needs to finish up the business litigation before proceeding with the divorce, but in the meantime keeps churning out billable hours for "prep". The business litigation could take years before closure, are there valid reasons to stay married but legally separated during this time?
It will be a mess, but they might be able to get a bifurcation. That is, they'd have a divorce and could settle child support and/or alimony (if relevant), but leave the property division to be settled later.

She should ask her attorney if that's an option in her state.
 

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