Q: My mom filed for divorce after 30 years and he was served. He is saying he will not get the divorce.
The last 2 1/2 years he has not worked and smokes marijuana everyday. He doesn't have any physical sickness but he feels he can't do anything. To the point of he probably won't be able to get his paperwork filled out and go to the court. What is the best thing my mom can to to not prolong the divorce proceedings? There are no young kids or much more than a house, 2 vehicles, and 401K.
A: Your mother can process the divorce even without his participation. She should retain an attorney to make sure the divorce goes through without any complications since he is not cooperating. A house and 401k justify the expense of legal representation to ensure it is done right
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A: If your mom wants a divorce, she is going to get a divorce, with or without him. She really should consult with a divorce attorney to understand what she is looking at tied into property, debt, and other issues. If he doesn't take part in the process, the court may give her everything she asks for. However, there are many detailed steps necessary to get to that point and hiring an attorney would likely be in her best interest.
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