What can I do if my ex won’t divorce me?

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What can I do if my ex won’t divorce me?

My ex and I have been separated for 3 years. We were always on good terms, so when I moved to a different state the following year, I gave her the marriage license and asked her to handle the divorce. However, here it is 2 years later, and all I get is excuses. I am engaged and cannot even plan a wedding because my ex is stringing me along with excuses. I have proof of all of this as it was all sent through texts. She won’t even send me a copy of our marriage license so that I can get a new state issued ID. What can I do being 1500 miles away? We have no children or property at all.

Asked on September 5, 2018 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

At this point, you will need to file for the divorce. You can do so in the state in which you legally reside. As for getting a copy of your marraige license, you can contact the clerk of the town in which you were married and ask about getting a certified copy since they have the original on file. If your wife refuses to sign the divorce papers, then you will need to obtain what is called a "contested divorce". In such a divorce, only the spouse who is filing need sign. However, you  will have to formally notify your wife of the action. Since 2 states are involved, you should consult directly with  a divorce attorney in your area as they can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

At this point, you will need to file for the divorce. You can do so in the state in which you legally reside. As for getting a copy of your marraige license, you can contact the clerk of the town in which you were married and ask about getting a certified copy since they have the original on file. If your wife refuses to sign the divorce papers, then you will need to obtain what is called a "contested divorce". In such a divorce, only the spouse who is filing need sign. However, you  will have to formally notify your wife of the action. Since 2 states are involved, you should consult directly with  a divorce attorney in your area as they can best advise you further.


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