Legal Question in Family Law in Pennsylvania

Can a wife sue her husband dued to separating? A couple is married. The husband wants to separate and the wife doesn't. Can she sue him dued to this is what he wants?


Asked on 1/02/12, 1:19 pm

1 Answer from Attorneys

Sue for what? Nobody would ever be able to get divorced if that was the law. You cannot hold a party hostage to the marriage if the other spouse does not want to be married. If both parties consent, you can get a divorce in 90 days. If one party does not consent to the divorce, then you have to be separated for 2 years. During that period, the injured spouse can possibly sue for spousal support/alimopny pendente lite/alimony if they were financially dependent on the other spouse who wants the divorce and the other spouse has the ability to pay.

As alimony/spousal support is complicated and depends on many factors, the injured spouse will need to seek out a competent family law attorney.

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Answered on 1/04/12, 9:00 pm


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