Ask Me Help Desk - My girlfriends mom

My girlfriends mom wants to get a divorce with her husband of 26 years. They have not talked to each other in 2 years, but still live in the same house. He has a lot of money, he is a mailman and his mother has over 3 mill to her name that will be his once she passes away. Lois (my girlfriends mother) runs a coffee shop and only brings in about 500 a week. She has a gambling problem but won't admit it ( pick 3s every day and scratch offs) But then she's always in debt and can hardly pay for her credit card bills, basically at the end of the day she has 5 dollars to her name while her husband is rolling in it. He can't stand her, he thinks she's a dirt bag, and hasn't helped her with anything since they got married. He always made her pay her own way.

Now that you no the 411, here is my question. She wants to divorce.. she's happy about it because she wants to get half of his money and get out.

He doesn't want to get a divorce... because he thinks he worked hard for his money and doesn't want to give any of it to her.

When she goes for a divorce do they both have to agree on the divorce for her to actually get it, or can just one person agree? Another thing what if she can't afford a lawyer what can she do? And because she can't by him out will she get anything?

p.s I don't know if this will help but both of there kids are of age.

If the parties don't agree the Court will order the property settlement.

You can get a divorce even if one party is unwilling.(At least you can where I live in the UK). Objecting to the other spouse's request for divorce is itself an "irreconcilable difference" that would justify the divorce. But if one party is unwilling it does make it a much more difficult and longer process. You can't be forced to stay in a marriage.

However I'm guessing that because of her gambling problem, the way that they have had completely separate finances for years and the and the fact he could get a much better legal defense than she could that she wouldn't get much out of the divorce.

Quote:

Originally Posted by Rich11111

You can get a divorce even if one party is unwilling.(At least you can where i live in the UK). Objecting to the other spouse's request for divorce is itself an "irreconcilable difference" that would justify the divorce. But if one party is unwilling it does make it a much more difficult and longer process. You can't be forced to stay in a marriage.

However I'm guessing that because of her gambling problem, the way that they have had completely separate finances for years and the and the fact he could get a much better legal defense than she could that she wouldn't get much out of the divorce.

The separate finances have no bearing in the US - it's marital income, whichever pocket is put into.

And, yes, either party can get a divorce. You just need grounds. And, yes, it takes MUCH longer under those circumstances.

So she only wants a divorce to get his money. Sadly, she might get it but she won't get any of the 3 million that he's going get if his mom pass away because that is inheritance.

She really sounds like she needs to get her life together and do her research to get divorce.