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A man embroiled in a legal fight with his ex-wife and her lawyer has asked a judge to allow the dispute to be settled with a sword fight.

David Ostrom, 40, from Paola in Kansas, requested the archaic settlement method saying his 38-year-old ex Bridgett Ostrom, who lives in Harlan, Iowa, and her attorney Matthew Hudson had 'destroyed him legally'.

In papers filed judge Craig Dreismeier in Iowa, David said the judge had the power to let the parties “resolve our disputes on the field of battle, legally, Carroll Times Herald reports.

He also asked the judge for 12 weeks’ time so he could obtain Japanese samurai swords adding that trial by combat “has never been explicitly banned or restricted as a right in these United States”.

The divorced couple have locked horns over custody and visitation issues.

(Image: Getty Images/iStockphoto)

They are also feuding about property tax payments.

David told The Des Moines Register , his request, submitted on January 3, was the result of his frustrations with his ex-wife's attorney.

He said: “I think I’ve met Mr Hudson’s absurdity with my own absurdity."

Mr Hudson has asked the judge to reject the request argued that a duel could end in death he added that “such ramifications likely outweigh those of property tax and custody issues."

Judge Dreismeier said in his own filing Monday that his decision will be delayed due to irregularities with both sides’ motions and responses.

He said: “Until the proper procedural steps to initiate a court proceeding are followed, this court will take no further action concerning any motion, objection or petition filed by either party at this time."