[mikeh123]

Hi
My mother is trying to purchase a townhome and my mother and father have been separated for over 16 years now the mortgage company states that my father would have to sign at closing. My mother told them she has nothing to from him since 1991 when he left. The mortgage company said she needs to file for divorce but we don't think he will sign the divorce papers. The lawyer wants around 3000.00 Can we file at the court house? The lawers are very expensive and there are no assets and no kids involved... please help

[s_cianci]

No assets, no kids and separated for over 16 years should be an easy deal. Petition the court on your own and request a hearing. Request that the judge sign a decree of divorcement. The judge will probably want your father notified so that he can have the opportunity to be present but if he doesn't show, after a 16-year separation I can't imagine the judge not signing the divorce decree there on the spot. Have yourself be a witness to testify on your mother's behalf ; that should do the trick right there.

[Fr_Chuck]

As long as the husband does not fight the divorce you should be able to file it yourself,

Check out

www.legalforms.com

But if the husband wishes to fight, show up in court and argue property separation or ask for medication or counseling first, there are all sorts of posibilities, if he fights it, you will need an attorney.

Also yes they are right, in many states a person buying property has to have the spouse.

Also if the other party would die while still married, there are many liabilities since no legal separation was done most likley and no divorce done.