Yes he can. He has the right to have a lawyer provided to him by the State. Marcy
You can file for divorce in the state you were married in (even if neither you or your spouse currently live there) or in the states in which you and your spouse are residents of. Typically, to establish residency in a state you need to live there for somewhere between 6 months to 1 year. That being said, it is best to file for divorce where you live now to save yourself the trips to other states but nevertheless you have options.
You can only be legally divorced if you get a legal divorce. It doesn't matter how long you have been separated. Separation only means you are no longer living together. Separation is not divorce. You are still married. What's keeping you from getting a legal divorce? I think you already know you are still legally married. Who is it you are trying to fool...or is it that still being married keeps you from being able to make the kind of commitment that the person you are now with probably wants. Nice safety net for you.. but not very mature. Get a divorce and get on with it.
The divorce can be filed by either person, provided they meet residency rules. In order to file for divorce in Texas or Virginia, either the petitioner or respondent must be domiciled in the state for at least six months, and reside in the county where the divorce is being filed for at least 90 days, before filing the divorce petition. A good example of that are Nevada Divorce Dude Ranches, where women stay long enough to gain residency, than file for divorce in that state. The first to file has jurisdiction over the case.
You must wait 6 months from service of the Summons and Petition for Divorce in California before your Divorce can be Final.You can, however, bifurcate your action.This means you can divide your divorce action into two parts.One part involves resolving all of the issues other than the "status" of being divorced, i.e. custody, support, division of assets etc. You can finish this part of your divorce as soon as you can resolve your issues. There is no time limit.The second part of your divorce is resolving the status of being divorced and restoring your status to a single person. You have to wait the 6 months for this part of your divorce.
You can file for divorce in the state in which you were married or the states in which you and your soon to be ex-spouse are currently residents. I would suggest that you file in the state in which you currently reside so that you can save yourself the time and trouble of traveling to Washington. However, you need to make sure you meet the residency time requirement before being able to do so. This can range from 6 months to 1 year.
In the US... Assuming you're talking about two people married to each other, no, one can't still be married and the other be divorced. They're either both married to each other or both divorced from each other. It is possible that a divorce was granted without one party being aware of it, if they were unable to locate that person to serve notice of the divorce, in which case they do a divorce by publication (publish a legal notice in the newspaper).
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