Dad needs good legal on all this. If he at 86 is already in a NH, there likely are going to be some cognitive & capabilities issues on his ability in all this. I would as his door go to speak with an NAELA listed elder law attorney.
Before you go, gather up whatever existing legal you have on dad & the current wife, especially details on all marriages, divorces, property, wills, ettc. dads $ can & should pay for this too. Be clear with the attorney in what the end game intent is in doing the divorce too.
lkjaynes22, I noticed in your profile you said that your Dad is in a nursing home. Would he able to understand court documents? Why I asked is that an Attorney has to know if his/her client is of clear mind.
How long was your father married to Wife #2? Is she of clear mind?
Or is the divorce so that your Dad can get Medicaid because his wife has too much money to qualify? *Medicaid Divorce* varies from State to State.
What freqflyer wrote is right. There is one exception when it comes to signatures: When the person being divorced can't be reached, the attorney will publish a notice of divorce in a remote paper. If there is no response to the notice in a certain time, the divorce can go through with only one signature.
lkjaynes22, no, the amount of time a couple has been separated does not equal a divorce. I have heard of couples being separated for 20 years, but in the eyes of the law, they are still legally married.
Divorce has to be completed through a County Court, with both parties agreeing and signing said Final Decree, and a Judge has to sign the final papers.
Most states have no-fault divorce. Google your question: "Do I have to be separated in order to file for divorce (your state). Every state is different. Visit a divorce attorney with your dad and help him navigate the process.
I would suggest a divorce lawyer, they are still legally married I believe in all states but look up your laws in your state just to make sure. She may ask for alimony depending on how long your dad and her were married. Was there any prenup? Has anyone filed any type of separation papers? They can do a divorce kit themselves but its always best for a lawyer to be able to understand every detail that one might miss. Good luck
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Before you go, gather up whatever existing legal you have on dad & the current wife, especially details on all marriages, divorces, property, wills, ettc. dads $ can & should pay for this too. Be clear with the attorney in what the end game intent is in doing the divorce too.
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How long was your father married to Wife #2? Is she of clear mind?
Or is the divorce so that your Dad can get Medicaid because his wife has too much money to qualify? *Medicaid Divorce* varies from State to State.
Divorce has to be completed through a County Court, with both parties agreeing and signing said Final Decree, and a Judge has to sign the final papers.