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?
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.