Married but he/she was legally separated and was trying to divorce, but their ex wouldn't sign the papers?
Most Helpful Guy
In general, I would say "no", but in your specific case, assuming you have all the facts right, then I probably would. In most states, if you petition for divorce, your spouse can fight it for a period of time, but it will eventually be granted whether or not they agree.
Just realize that you are CHOOSING to get involved in a potentially messy, expensive, drawn-out legal conflict that may have some emotional tolls as well. It might well be that the guy is worth it, and it could be that she gives in and agrees to the divorce, but she could also fight it the whole way. Be honest with yourself about what you are getting into, should you choose to take that path.2