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It would be nice (well, nice for everyone except divorce attorneys!) if all divorces were simple, straightforward and friendly. Sometimes, though, one spouse refuses to cooperate to obtain a divorce decree. How long does a divorce take, then?
There are many reasons for a spouse to refuse to sign divorce papers. Some of them are sensible, some of them are strategic, and some of them are just plain contrary. Even reasonable people can disagree; add negative emotions and economic dependence into the mix, and the situation can become even more difficult. Reasons for your husband or wife to refuse to sign divorce papers can include anger, a hope of saving the marriage, emotional pain, a desire for economic benefit, or simply being distracted by other matters. Do not expect a court to order your spouse to sign divorce consent documents, even if he or she once signed a written agreement to do so; that would go against Pennsylvania public policy supporting marriage and families.
Lack of consent to divorce.
In an earlier article, I wrote about Pennsylvania’s two no-fault grounds: Mutual Consent, and Irretrievable Breakdown. The first of these, Mutual Consent, absolutely requires that both you and your spouse sign documents agreeing to obtain a divorce decree some time after a mandatory 90-day waiting period has expired. As the name itself implies, either spouse can bring a Mutual Consent divorce process to a screeching halt simply by refusing to sign the consent forms. There is simply no way in Pennsylvania to force a spouse to sign divorce papers, although in some circumstances there can be negative consequences for the spouse who refuses.
What’s left without mutual consent?
A divorce decree based on the ground of Irretrievable Breakdown requires the court to agree that two things are true: first, that the marriage is irretrievably broken and second, that you and your spouse have been separated for one or more years. Many people in Pennsylvania mistakenly think that divorce is automatic after a separation has lasted for a full year, but it is important for you to understand that where family law is concerned very little happens by itself in the court system.
Instead, once you have reached the first anniversary of your final separation you can sign an affidavit stating the date on which you separated, and that the marriage is irretrievably broken. The form of this affidavit, just as with other Pennsylvania divorce forms, has been set through the Pennsylvania Rules of Civil Procedure. This paper must be filed with the court and served on your spouse, who then has a total of at least forty days either to deny a one-year separation, to deny that the marriage is irretrievably broken, or to claim economic relief from the court (such as alimony and property division). If your spouse has been properly served with all the necessary documents and then does nothing for a long enough time, the court will assume that your affidavit is true, and will grant your divorce decree shortly after you file the final documents asking for it.
Until Pennsylvania divorce law changed effective December 5, 2016 Pennsylvania required a two-year separation. One quirk of the new law is that the switch applies only to married couples who separated on or after that date; those who separated prior to that date still require a full two-year separation.
Can my spouse still fight a divorce in Pennsylvania even after one year?
Unfortunately, yes. If your husband or wife claims that the marriage is not irretrievably broken or that you have not yet been separated for the full period required by PA law, the court cannot agree with the claims made in your affidavit until the court has heard both sides of the story at a formal hearing. This is true even in extreme cases. Many years ago, I handled a divorce for a woman who had been separated from her husband for well over two years, and her husband was serving a lengthy prison term for the terrible crimes he had committed against his own family. After we served her husband with the divorce paperwork, he filed a response insisting that the marriage was not irretrievably broken. According to him, his wife did not really want a divorce, and the whole affair was really the fault of the state of Pennsylvania, having put him in prison in the first place! We had to go before a judge just to prove that she wanted out of the marriage. We won, of course, but perhaps you can imagine my client’s resentment and frustration at having to face this final, pointless barrier.
I don’t want to wait a year! What about fault divorce?
All the old “fault” grounds for divorce — grounds such as brutality, adultery, and infliction of indignities — are still on the books in Pennsylvania. It is extremely rare, though, for anyone to use them, even when someone is at fault for the end of the marriage. Among the reasons: first, because marital misconduct can be expensive and hard to prove; second, because the spouse proving fault generally must also prove that he or she is “innocent and injured” in what often turns into a he said/she said battle of finger-pointing; and third, because if there is a no-fault ground also available, the court will always prefer it over a fault ground. In real-world terms, it means that you don’t just need ironclad proof that will let you establish your fault ground for divorce, you also need a good prospect that going after it will be cheaper than simply letting a year go by.
Claims for economic relief can extend the duration of the process still further, since some county courts (including Allegheny County, where our Pittsburgh family law office is located) will decline even to begin to decide who-gets-what until either both spouses sign the necessary consent forms, or until the full twelve months have passed since final separation. In the meantime, be sure that you have done what is necessary to survive your separation.
Related articles:
How to find a good divorce lawyer in Pennsylvania
Riding the tiger: the cost of divorce
Fighting your case in court
If you need legal assistance with your divorce or family law matter in Southwestern Pennsylvania, call our office to set up a personal consultation with a family legal services attorney. Please do not comment anonymously, and do not post anything that you consider confidential. We try to be responsive to commentary and questions, but know that posting here will not create an attorney/client relationship and that we will not offer legal advice via the Internet.
My wife filed for a No-fault based on irretrievable breakdown, but refuses to tell me why she walked out on me in the middle of the night. Our 90 day period is up and I’m sure is is going to file the Affadavit. Is there anyway to find out why she left or wha the irretrievable break down was?
Realistically, I’m afraid not. Just like it only takes one person to start a fight, it takes only one to end a marriage. If she has moved on emotionally and has taken the step to bring closure to her past (in other words, her relationship with you), the best thing you can do for yourself is probably to let that door close and find the strength to look ahead, taking comfort in the fact that you kept your vows even if she could not. In hope that it helps, here is an article I wrote following my separation from my former wife, about my own experience of being left behind.
My spouse filed for divorce in Pennsylvania in June. I agreed, we waited the 90 days, I have signed my consent but she will not sign hers. Her excuse is that the forms are “lost.” I live in Florida. If she is still refusing to sign, can I file for divorce down here?
Her excuse doesn’t hold water. “Lost” forms can be re-created; but if you are separated less than two years and she refuses to cooperate, then you are stuck waiting the two years. The good news for you is that she is the one who filed, so once the two years are up she can be served with paperwork under the “irretrievable breakdown” ground via regular mail rather than more formally. Whether you can file for divorce in Florida in the meantime may depend on Florida law, but if that is the direction you wish to go, your first move should be to get rid of the Pennsylvania filing. Because she filed the initial divorce paperwork, you can go to the court with a motion (sometimes called a “Rueckert” motion) requesting that she get the choice between signing the consent forms or having the case dismissed.
For seven years, my husband has threatened to leave me but never did. I finally made the move two years ago. He filed for divorce when I left but now he thinks we can work it out. I have no desire or interest to try. I would have to be crazy to go back and continue the abuse. When his lawyer sends him paperwork, or domestic relations sends him forms, he doesn’t even open them. Now that the two year period is up, as per your article, I can’t make him sign for the divorce and split all the properties? My life will be in limbo?
While nobody can make anyone sign anything, that doesn’t mean that your life is stuck in limbo. Now that you have passed the second anniversary of your final separation, you can take control of the situation and begin to move things forward even without your husband’s cooperation. The real question, for you, is what your goals are; since there is property involved, I generally advise against just trying to finish up the divorce itself (even if that is an option) without also tying off the economic loose ends between you. Since he is not interested in sitting down with you to resolve the property issues, you may very well have to involve the court (if only to wake him up and give him a dose of reality!). This may sound self-serving coming from a lawyer, but you are probably best advised to sit down with a family lawyer for an hour or so to discuss what your options are, what course of action might serve you best, and what to expect as you move ahead. This may be one of those situations in which an ounce of prevention really is worth a pound of cure.
Hello I have a question…I’ve been separated from my wife for 6 years now. There has been much of getting a divorce and finally a divorce was filed by my wife in June 2011 I received the notice in the proper time then was told that I’d receive a consent form after the 90 day waiting period but have been waiting for her to send me the form she keeps on telling me that she’s sent it but I’ve yet to get it is there anything I can do say can I generate the form myself by the way this is a filing done by her she filled out the paperwork. I really don’t have a very good communications with her. Any suggestions would be helpfull I’m hopping that I’d not have to refile.
Yes, you can certainly generate forms yourself; I generate my own forms in-house on a regular basis. This link will take you to the Pennsylvania Rule of Civil Procedure that tells you how the consent documents must read. The problem is that based on what you have said, it seems that neither of us know whether she has filed her consent documents. If she has, your filing yours and preparing a Praecipe to Transmit Record and supporting materials should wrap up the process. Otherwise, even though she is the one who filed the Divorce Complaint in the first place, she can stop a Mutual Consent divorce dead in its tracks by simply refusing to consent. Fortunately for you, the fact that you have been separated for more than two years means that you can take control, “switch gears” and proceed under the “Irretrievable Breakdown” ground without having to refile the Divorce Complaint. It might benefit you to visit the Prothonotary’s Office in your county and review the docket, to find out for sure what she filed and when, before you decide how to proceed.
Hi i came across your website and i saw everyone else asking questions… so here goes I was married to a soldier and we split up the begining of june will be 2yrs…i just recieved divorce papers in the mail today..if i dont sign the divorce papers how long will it take from me getting these papers till the courts will sign the divorce if i dont sign them? and how long can it take someone to be able to get remarried after the divorce papers are finalized? thank you
Hi, Holly! The real question is what you received. Take a look at what you got, and see if one of the papers identifies itself as an “Affidavit under Section 3301(d) of the Divorce Code.” If you have it, it will be a single sheet of paper that will identify the date (or approximate date) you separated, and that the marriage is irretrievably broken. If you received only the “Complaint under Section 3301(c) or 3301(d) of the Divorce Code,” you have some time. If you received the Affidavit, you’re probably on about a 40-day clock. 20 days after that Affidavit is served you can expect to receive another package of papers by mail that contains a “Notice of Intention to Request Entry of 3301(d) Divorce Decree.” Read that notice carefully, and you will see that it lists a date on or after which your ex can file the final paperwork asking for a divorce decree. If you do nothing at all after receiving these papers, a decree will be granted shortly after your ex files the final paperwork with the court requesting a decree. As for how quickly someone can remarry after receiving the divorce decree, the answer is: right away.
Can a divorce decree be granted after two years of separation even if “equitable distribution” has not been completed?
What you are asking about is called “bifurcation.” It is only available if your former spouse is in agreement, or if the court agrees after holding a hearing that compelling circumstances exist to permit it. Otherwise, you are stuck working your way through equitable distribution before a divorce decree can be granted.
The reason for this is that divorce can bring consequences that become a “game changer” for one or both of the parties; it can affect a spouse’s ability to maintain medical insurance, it changes the rules for certain asset beneficiary designations, it changes the way jointly-titled real estate is owned, etc. For that reason, the person seeking to split the case and finish the divorce right away first has to prove that “sufficient economic protections have been provided for the other party.”
Usually, bifurcation just isn’t worth the time, effort and expense. There has to be a pretty powerful motive for it to be worth shelling out the extra money to raise and address that particular issue. More often, you would be better off just moving your case forward toward equitable distribution.
if husband is not willing to give divorce. and wife want to divorce..that scenarios ..maximum how long time will expected for this contest divorce case ????
There’s no easy answer to a question like that without much more in the way of detail. When you hit the second anniversary of your final separation you can begin the process of moving your divorce forward under the “irretrievable breakdown” ground as I describe in the article above, but the husband in your scenario can still step forward to oppose it by claiming that the marriage is not irretrievably broken, or that the couple has not yet been separated for at least two years; in either instance, a hearing will become necessary so that the court can determine the truth of the claims. It may also be that there is property in the picture that has to be divided, or it may be that someone considers himself/herself entitled to alimony. All of that can drag out the process. It may be that the wife’s best bet is to get some personal legal advice that is specifically tailored to her circumstances, so that she can plan accordingly. General information is helpful, but only to a point; specific answers usually require specific information in the context of a discussion about goals, risks and priorities.
I filed for a divorce from my husband in june, the 90 days have since passed and now he is saying that he wont sign the final papers. Is there a time frame after the 90 days that the final papers need to be filed within? If he doesn’t sign them, will I have to wait 2 years to try again?
Hi, Kayleigh! The 90 days are a minimum waiting time between service of the divorce complaint and the earliest date that the consents can be signed. The end of the 90 days are not a deadline, so if he changes his mind at any time you are still free to proceed. If he doesn’t sign them you can’t establish “mutual consent,” so that ground for divorce is closed to you unless he decides to cooperate. If he continues to do nothing you probably have to wait until you have been separated for two or more years, after which you can begin to proceed under the “irretrievable breakdown” ground. Meanwhile, it is probably a good idea to make sure that you have good service of your Complaint in Divorce; if you never ‘officially’ served it on him because you anticipated his cooperation, you might just want to take care of that essential detail now so that it is behind you. Here is the rule concerning service. Service may be made by an individual eighteen years of age or older who is neither a party to the action nor an employee or a relative of a party. You will probably have to file a Praecipe to Reinstate Complaint for Service with the Prothonotary’s office, first.
My husband filed for a divorce in 2010. Before the two years were up we started living together and I got pregnant. I lost the baby. We now have a masters hearing at the end of the month. He lead me to believe we were gonna get back together. Can I fight for more time now that I know this is what he really wants?
Without seeing the paperwork, it is impossible to say. Since your case already has a fair amount of “mileage” on it, all I can offer you are useless generalities. Your best bet is to sit down with a family lawyer for an hour or so, so that he/she can go over the paperwork and offer you specific options.
if u are married been living apart for 13 years u bought your own home and cars and I still pay her mortgage payment and want a divorce can she come back and take my stuff ive accumulated over the last 13 years she has her life and her own car children all grown up I paid her child support until the children where 19 and 20 and could she get alimony because I make more money than her
In Pennsylvania the general rule is that separately-titled marital property stops accumulating in value on the date of your final separation. I would have to know more about your particular situation to be able to give you anything other than the most general of advice, but I hope that helps. There is no way that I can speculate meaningfully on the subject of alimony without knowing much more about your situation; if your wife has been self-supporting (other than child support) for the last 13 years, that certainly argues in favor of letting you keep your money in your pocket over the long term, at least. If you now contemplate filing for divorce and bringing the matter to closure, you are probably best advised to pay for an hour or so of a family lawyer’s time so that you can go through the details of your particular situation and get a sense of where she might have leverage if she is of a mind to use it. If you’re stepping into territory that might hold dangers, having a map can be a lifesaver.
I seen everyone else asking questions, and i hope you will answer mine. Me and my wife have been seperated for 2 months. I despretly want the divorce. I have falling in love with someone else. My wife has beaten me everyday since the day we got married. And I was in jail for a few months and the whole time she was cheating on me. She has even told me and my family that she cheated on me. We have been married 3 years. She wont sign the papers though. She tells me everyday that she doesn’t care about me. But she wont sign the papers because she doesn’t like the girl I have fallen inlove with. And I dont want to wait the 2 years because I plan on getting my CDL’s and me and my new girl want to move out of state. What can I do?
Frankly, I don’t see any quick fixes for you if your wife will not cooperate. Of course, nothing is stopping you from living with anyone you like, or moving anywhere you wish. As far as Pennsylvania divorce law is concerned, you have three options: (1) your wife cooperates with a “Mutual Consent” divorce and this gets finished, (2) you wait until you have been separated two years and then move forward using the “Irretrievable Breakdown” ground, or (3) you pursue a “fault” divorce (which has challenges, costs and consequences all its own). If you move to another state and meet that state’s residency requirement to be able to use its divorce code, it may be that you can secure additional options for yourself. You would be best advised to sit down with a Pennsylvania divorce lawyer and go over your situation and desires in detail; all I can offer in this forum is the most generalized of information, not something especially tailored to your goals.
My wife and I are currently separated for 2 months and she has asked me for a divorce. Due to my strong religious beliefs I will not sign anything for the 2 year time frame.
I have filed paperwork to seek spousal support since my wife has established herself in her career and makes 4 times what I make. How long does it take to get a hearing or get a response from the domestic relations office? Paperwork was filed about two weeks ago.
It varies according to the county. You can probably get some information (including a look at your docket to see if they got the paperwork and have set up your case) if you register on the state support website.
If you do a name-based search for yourself and find nothing, your best bet might be to go down to your county Domestic Relations Office to follow up in person during their regular operating hours, with a copy of the material you mailed in. That way, if your case fell “between the cracks” you can apply in person right there and then. This can be important because any support to which you are entitled is only retroactive to the date you actually file the claim.
Hello, last month i sent my husband (he lives in another country) the divorce forms to sign and notarized to date he hasn’t signed them. We have no children or property together and have only been married for a year and a half.
we are both from the same country so I need him to sign these papers just in case i want to remarry there. is there a dead line that we must adhere to and if so do i have to refile the papers if he takes too long to sign . I am in New York state. Thank You.
If you filed your papers in New York, I’m afraid there’s not much I can tell you other than to talk to a lawyer in your jurisdiction. When it comes to matters of family law in the United States, fifty states might as well be fifty sovereign nations; each has its own separate set of domestic relations laws. I am qualified to handle only Pennsylvania matters.
You might try asking your question on http://www.avvo.com, where lawyers practicing in your own jurisdiction can answer questions like yours.
Hello Michael B. Greenstein
.. i want to know
1/ if My Spouse Can Refuse to Sign Divorce Papers?
2/ how can i take my divorce Quickly and with less money ..
Thanks
As to your first question: nobody can force an unwilling person to sign anything. Whether there will be negative consequences to your spouse from that refusal depends on the circumstances of your situation.
As to the second: in Pennsylvania, if your spouse cooperates you’re looking about about four months from start to finish (less than two years separated) or about a month and a half (more than two years separated). How do you do it for less money? Well, if you’re in southwest PA, hire me, of course! Meanwhile, as you continue to look around and educate yourself, you might read my article about cheap divorces.
thanks for reply me that fast ..
my husband he is making my life like a hell .. he make my life be hard and he hurt me and treat me very bad that why he wont sign the paper … he wanna see me get more hurt and hurt.
im from new york
My husband kicked me and our kids out on 01/31/11 moves his girlfriend in 2 days later then had a baby with her 1 yr later. He is now saying he wont sign the divorce papers even though he has been living with this girl over 2 years. Is he able to do this?
No one can make anyone sign anything. However, you are now separated more than two years, and his cooperation is not necessary for you to proceed with an “irretrievable breakdown” claim. Before you do so, however, you might be well-advised to have your situation professionally reviewed to find out what your rights and options are, so that you know whether moving forward toward closure now will help you or harm you. Every so often I talk to a client who makes me wish I had a time machine so we could have our conversation months or even years earlier — when I could have done the person more good! — and I would hate to see you make a move before you know what the consequences might be.
Hi! my wife filled divorce petition in PA .on irretrievable breakdown basis we are separated for more than 2 years. i received notice. about 3 months ago ,there no claim, now I have received 2 more documents to sign an affidavit of consent an d waiver o f notification, I am not signing any documents,and my understanding is that eventually court will grant her divorce . MY question is can she make changes i n petition now and claim anything to pressurize me to sign affidevit of consent, I live in Chicago. what are the consequences for not signing documents i have received….Thanks….sincerely , MANU……PL, REPLY
Based on your description, it sounds like her lawyer is proceeding with a “Mutual Consent” divorce. That’s not a problem by itself, even though she could also use “Irretrievable Breakdown,” but it grinds to a halt just the same if you choose not to cooperate. Her lawyer can “switch gears” and proceed with the second ground that does not require your consent; you will know it if she does, because you will receive an “Affidavit under Section 3301(d) of the Divorce Code” that identifies (among other things) when you separated. The consequence of not signing documents is that you remain legally married, and therefore subject to the continuing jurisdiction of the family court. I am not in a position to say what other pressure she could put on you, not knowing your situation; but if there are any “loose ends” that might remain if a divorce is finalized, or any property interest that you stand to lose, you might want to look into them now with a Pennsylvania-licensed family lawyer to make sure that you don’t lose important rights once she manages to push things forward.
hi have sent my wife the divorce complaint, and after a month she still hasn’t signed them, I know I cant make her sign, so my question is how long do I have to wait to send her the next set of papers. We both live in PA, she left 2 and a half years ago. call it irretrievably broken marriage or abandonment she packed her clothes and left me and the kids, has not been back since. SteveGuise
First and foremost, there can be a world of difference between “sent” and “served” when it comes to your Divorce Complaint. Here is the rule that tells how she must be served, and if you choose to have her served personally, the person doing the serving must be “an individual eighteen years of age or older who is neither a party to the action nor an employee or a relative of a party.” If the way she received the Divorce Complaint meets that standard, you’re good to move forward; if not, that is the first detail you should address.
To move forward, here is the rule that tells you how to proceed, and here is the rule containing the forms you need to proceed with an “irretrievable breakdown” divorce.
If you are handling matters by yourself, it still might be worth your time to sit down with a lawyer to make sure that you are doing it right, and that you aren’t cutting yourself off from anything important by moving forward. It’s easy to get lost in the rules and forms when you are working with them for the first time.
Hi. Me and my husband lived in same house but lived seperate lives as of 10/2011. (He was arrested and sent back home under house arrest till sentencing hearing). He finally had hearing and was sentenced to 30 months in VA. I sent him the “Acknowledgement” form to sign with copy of complaint. He returned both to me unsigned. I have now given those papers to my lawyer so that he can attempt to get him to sign. If he does not, do I have to wait another 2 years from date I filed or does it go back to the date of seperation 10/2011?
Pennsylvania law defines “separate and apart” for purposes of divorce as “cessation of cohabitation, whether living in the same residence or not.” You and your husband can indeed live under the same roof without “cohabiting” because under Pennsylvania divorce law, “cohabitation” is a mutual assumption of rights and duties attendant to the relationship between spouses. In real-world terms, that means that separation can begin once one of you tells the other that the marriage is over, and then makes it stick through his or her conduct, even if you still live at the same address for a while longer. Proving separation under those terms, though, can sometimes be challenging.
Based only on the little I know from your question, you can make the argument before the court that your final separation indeed began in October 2011. You will want to discuss with your lawyer what you can do to prove that it happened, if your husband decides to challenge the separation date. Meanwhile, here is a Superior Court opinion that may offer you additional insight.
Can I get some kind of money if only married 2yrs and it’s his fault we is separated, causing me financial stress?
The best answer I can offer you is the one that my clients hate the most: “It depends.” If you became economically dependent on your spouse during that two years because of children, relocation or housekeeping, that will certainly strengthen your case. It depends on the difference in your income, the nature of your financial distress, and your relative expenses and debt. It depends on whether there is a substantial marital estate to divide. It depends particularly on the hearing officer, master or judge who will make the decision. I have seen situations in which spouses in a 2-year marriage got open-ended support, others in which they got a limited amount, and still others in which they received nothing at all.
I dont know what to do. I am in the military and my spouse refuses to live/move around the world with me. I am currently overseas and would like a divorce.We have been living seperate from eachother for 3 years. If i file she threatens to get me for adultery since we made an agreement to see other people verbally. In the military i cant afford to be judged with adultry. What can i do to not make this bad on me and leave her without her flipping out?
I can’t speak concerning standards of conduct in the military, but in Pennsylvania there is no “getting” anyone for adultery. Marital misconduct of any stripe can be grounds for divorce — which you don’t really need when a no-fault ground is also available — and it is one of literally seventeen different factors a court considers when deciding whether one spouse owes the other alimony. Family court is not about identifying and punishing the wicked; it’s about economic justice, as seen through the judge’s eyes.
I can’t tell you how to make your wife cooperate. All I can offer in this forum is so very general that I urge you to speak with a lawyer and go over your particular situation in the detail it deserves. Much may depend on when you became “separated” for purposes of Pennsylvania divorce law, given that many military couples live apart without being separated.
I’ve been separated from my husband for over 3 years now and I have 2 kids that are not his. He said he will not sign the papers. I want to know what is the best way to go about the divorce and how long will that take? Thanks in advance for any advice you can give me.
He does not have to sign anything for you to proceed with an “irretrievable breakdown” divorce in Pennsylvania. Assuming (a) that he will do nothing either to help or to hinder, and (b) that there is nothing you want from him that arises from your marriage, the biggest hurdle for you will be to get him served with the paperwork after you have filed it with the court. Service of the divorce complaint (with associated documents) can be made by any competent adult other than yourself who is not a relative or employee of either of you. You could conceivably have a decree within two months after he has been served.
Thank you so much. That was very helpful.
I had filed for divorce a year and a hald ago due to abuse and cheating. My husband has signed and we have made several court appearances but nothing is happening or going anywhere. We have one small child who as of now is being shared jointly. I am just wondering what the point is anymore in continuing withthis if its not going anywhere. Is there any downside in just withdrawing the paperwork? I really feeling strongly that we should just stop all this crazy business anyways. Can I even do this? Will this hurt me if I do.
Unfortunately, without a chance to look at the paperwork to see where the snag might be, there is no way to offer you a meaningful answer to your question except to say this: if you and your husband are in agreement about how things should move forward, it should be fairly straightforward to do so. For your purposes, family court in Pennsylvania exists for two reasons: to resolve disputes, and to enforce agreements and orders. If there is no longer any dispute between you and your husband, the real question becomes how to make sure that you get the closure and protection you bargained form.
That said, you probably can withdraw the paperwork you filed… but whether that is likely to get you anything worth having is a question I cannot answer. Your best bet is probably to sit down with a lawyer for an hour or so to orient yourself and gain a better understanding of what might be standing between you and your goals, so that you can move forward rather than back.
Mr Greenstein, my husband and I have been separated for 5 years. He abandoned our marriage 5 years ago while I was at work without even leaving a note. I thought he was residing in Pennsylvania all this time. I have been trying to locate him to proceed with this divorce. I have recently learned that he is residing in the state of New Jersey. Upon learning his address I filed for divorce and paid in full for it. Before I received the paperwork from the attorney I sent him a letter to tell him my intentions and to tell him there would be further correspondence. I received my letter back Returned To Sender Attempted- Not Known Unable To Forward. I have been searching high and low for this man. I do not know what my next step should be. Can I no longer proceed with my uncontested divorce? Did I just throw away my money? How long do I have to find him since the divorce was filed October 22, 2013? If it has been over 5 years with no contact do I even need him to consent to anything considering he abandoned his marriage and disappeared? Help!
No, I don’t think you threw away your money; to legally dissolve your marriage, one of you has to file for divorce somewhere, and if you live in the county in which you filed your divorce complaint I see no problem with what you did. Filing your divorce was never your problem; getting your husband served with divorce papers is the challenge you face. He has a right to be put on notice of your divorce action, but how can you do that when you don’t even know where he lives?
The ground for divorce you should be using is “irretrievable breakdown,” which does not require his cooperation to get a divorce decree. I usually advise divorcing clients who cannot locate their spouses to make a genuine, diligent attempt to find either him (best) or a family member of his who may be expected to be in contact with him. Be sure to include Facebook in your search, which can work surprisingly well.
Assuming that you still can’t find your husband to serve him with divorce papers, you can go before the family court judge with a motion to request “alternative service.” If you have not located a close relative of his who can be served in his stead, this usually takes the form of “service by publication,” in which you get court permission to place an appropriate notice in the “legal notices” section of a local newspaper and in the local legal newspaper. If the court permits you to serve your husband by placing the ads in newspapers, filing proof that you have done so is all you need to do to be able to complete your divorce process and obtain your divorce decree.
Thank you for the information. I really appreciate your help.
wife walked out of the marriage after 24 years for my sister’s ex boyfriend over six years ago she had filed for divorce six years ago but never followed through i check on the complaint and it had been remove from the court records, so i filed against her to finish it and filed that the marriage was broke down and now she has gotten a lawyer and answered our complaint and her lawyer has filed a petition to seek temporary support (APL) will this hold water after six years
With so little information, there is no way that I can offer anything other then the most general of answers. APL entitlement is not usually affected by the circumstances of your separation or whether she is now living with anyone, since its purpose is principally to level the playing field in a litigated divorce.
I urge you to consult with a local divorce lawyer, sooner rather than later. Learning where you stand and what your options are, as soon as possible, will enable you to make the most informed possible decisions and give you maximum preparation time. After all, there’s no point in fumbling in the dark when you know where the light switch is.
I filed for a two year seperation and she wont sign the papers. What can I do to make the divorce become final. The courts wont help and tell me all different stories every time I go up to the courthouse. Can you please tell me what to do.
Thank you
Vincent
If you’re going for the “irretrievable breakdown” ground for divorce (divorce after two years of separation or more), she doesn’t need to sign anything. You need to make sure that she is served with your Divorce Complaint (http://www.pacode.com/secure/data/231/chapter1930/s1930.4.html) as well as the Affidavit under Section 3301(d) of the Divorce Code (http://www.pacode.com/secure/data/231/chapter1920/s1920.72.html). Twenty days after she is served, you send her a Notice of Intention to Transmit the Record, and her Counteraffidavit, by regular mail (http://www.pacode.com/secure/data/231/chapter1920/s1920.42.html) and (http://www.pacode.com/secure/data/231/chapter1920/s1920.73.html). If she continues to do nothing after that, file your Praecipe to Transmit Record along with your proposed Decree in Divorce (http://www.pacode.com/secure/data/231/chapter1920/s1920.76.html). Make sure you have a Certificate of Service for your Complaint in Divorce and the 3301(d) Affidavit, that has been filled out by your process server.
I realize that this is all just a sketchy outline, and you would do well to review the section of the Pennsylvania Rules of Civil Procedure that applies to divorce actions (http://www.pacode.com/secure/data/231/chapter1920/chap1920toc.html). Much of it won’t apply to you, but anything that addresses a “3301(d)” divorce action will.
If you get lost and need personal help, I can finish your divorce process for a fixed fee provided that it remains an uncontested no-fault divorce. If you decide to go that route, feel free to give my office a call.
If you file for a family masters hearing for equitable distribution… What happens if the other party doesn’t show up? In an attempt to delay things even longer?
If the other party has been properly served with notice of the hearing, what should happen is that it will proceed anyway. Be prepared to show that the other party was indeed served, if you are the one who had the responsibility of serving the papers (in some circumstances scheduling orders come by mail directly from the court).
Ultimately it is the master who will make the call, right or wrong. Make sure that you arrive fully prepared to proceed.
She did not show up. It proceeded without her. The Master filed a recommendation in my favor. Now she only has a few more days to file for a trial de novo hearing. How difficult is it to file for that? Since she’s not represented, hopefully it’s too confusing for her and the recommendation gets signed as an order
Filing for a trial de novo usually is not difficult; procedures vary, and you can probably find them in your county’s local rules of court. Just do a Google search for something like “____ county PA local rules of court” and you can probably find it. The rule you’re looking for will probably be numbered 1920-point-something.
Somebody who misses a deadline for scheduling a hearing de novo can sometimes go crying to the judge with a plausible excuse, and discretion lies with the judge whether to grant it. Once the final order is more than thirty days old with no action having been taken to challenge it, it is much harder to modify.
My brother is in prison in which he filed for a divorce against his wife through the Divorce law project!! He and his wife have been separated since august of 2012 it is now january 2014 .. His wife refuses to sign the papers out of spight that he wishes to re-marry his childrens mother!! How does this work & what should/ can he do OR how long will it take before he can end this? I mean theyre not even together & shes hanging on to nothing at all. #HELP!!!!!!
Until the second anniversary of his final separation — August 2014 — the only ground for Pennsylvania no-fault divorce available to him is “mutual consent.” That means that for the time being, the only way he is likely to get divorced is with his wife’s active cooperation. Once he passes the second anniversary in August, he can move forward with an “irretrievable breakdown” divorce. Right now, her silence is the same thing as opposition to a divorce decree; after August, if he serves her correctly with the necessary documents, her silence will be the same thing as consent.
Don’t fall into the trap of assuming that the divorce process WILL be done by any particular date. I have represented people who scheduled weddings before their divorces were final; some made it, some didn’t. I don’t believe in tempting fate.
Ok thanks!! So how do he prove they were separated then? & also i read that separation can be from the time they have been sleeping in separate rooms living different lives so do he start from the date in which they start seeing other people OR the date in which he officially moved out?? Hes incarcerated & throwing so many different stories and questions my way its all so confusing & draining!!
Proof of separation can be challenging, if he is trying to say that the two of them were separated under the same roof. Pennsylvania law defines living “separate and apart” for purposes of the divorce code as “Cessation of cohabitation, whether living in the same residence or not.” He will probably need to prove that he and his wife had an understanding that they were no longer living as a married couple, either because one spouse made clear to the other that the marriage was over, or for a similar reason. If they were truly living separate lives under the same roof, he can build a case on that. Whether it is enough to convince a judge is quite another matter. He would be well-advised to sit down with a divorce lawyer and get straight-up advice that applies directly to his situation.
Meanwhile, here is a link to a Pennsylvania Superior Court opinion that explores the issue in detail, and might throw some light on it for you.
Ok thank you & hes waiting to get a answer to see if the Divorce Law Project will represent him!! But thankyou
By the way we live in pittsburgh pa & also if she doesnt answer to the complaint at all is there a time frame im which he can be granted the divorce anyway or what?? Hes so confused & angry & i dont have any answers at all 🙁
The “wheels of justice” turn when it’s time, but only if he turns them. Nothing happens by itself.
Hello! I live in state college and my wife filled for divorce last year (June 2013). I Moved out of the house at that time and since then living on my own. we already agreed on child support and custody/visitations which was signed by the judge and the only thing we are waiting for is to finalize settlement for the house and alimony. It seems my wife is greedy and the more I give her the more she wants, we agreed on everything for the settlement but she keeps demanding more and more… we agreed to have her take the house and agreed on alimony but every time I talk to her she is playing another game and wants to add more to it. she has a lawyer and I don’t! if I wait till the end of two years period and she still refuses to sign the settlement, will I be able to finalize the divorce? since she filed herself for the divorce then will make her look bad in front of the judge? what is my option?
This will sound a little self-serving, but my best advice is, “sit down with a Pennsylvania divorce lawyer.” Pittsburgh and Southwestern PA is the area I cover, so if you happen to be local feel free to contact me.
Usually, it is a bad idea to try to finalize a divorce when there are still economic loose ends between you, such as the house you both own. Give that she filed the divorce you were always in a position to try to force things forward, taking action will certainly get her attention.
Based on your description, the problem up until now has been that you have been doing something that lawyers try very hard to avoid: bargaining against yourself. Every time she demands more you give in, so she has reason to believe that all she has to do is to cross her arms and wait for you to come back with a more favorable offer. In a true negotiation, each side takes a clear position that “brackets” the area of disagreement, and then attempts to find a meeting point in between those two positions. If you make an offer and she neither agrees nor extends a counteroffer, she is not interested in negotiation.
Invest in at least an hour of a lawyer’s time to go through your situation and priorities and to get a sense of where you stand, how achievable your goals might be, and what you may have to go through to get a chance at achieving them.
I have read thru your article here, in the case I am trying to help out the wife filed the divorce documents to make the husband miserable, he is now in a new relationship and very happy. She now refuses to sign the final consent because the husband has moved on and is not chasing her as well as the fact that as long as they stay married she received free health coverage. In the complaint she states that the marriage is irretrievably broken and that they have been separated since on or around October 2009.
The two year mark is coming up on 5/3/2014, should this be easily granted once the affidavit is filed and the time waited?
I am assuming for purposes of my answer that the Complaint in Divorce was properly served, and that no other claims have been filed other than for divorce, alone. The two-year separation affidavit (the “Affidavit under Section 3301(d) of the Divorce Code”) must be filed on or after the second anniversary of the final separation, and then it must be served on the other spouse. If the Complaint was already properly served, the Affidavit may be sent by regular mail only, and a Certificate of Service prepared and filed.
Twenty days after serving the Affidavit, the spouse who wants the divorce (usually called “the moving party”) will follow up by sending the other spouse additional required documents, and a second twenty-day period must pass. After that, the moving party can file his or her request for a divorce decree if the other spouse has not filed a document challenging the two-year separation or the irretrievable breakdown of the marriage, and has not made economic claims against the moving party.
Everything was filed properly as far as I know. He hand delivered the consent after waiting the 90 days, she just has not signed the final consent on her behalf. I guess my question is, since she filed and her attorney (who petitioned to be removed as council in August) served everything properly in the beginning, can we now file the separation affidavit on our end?
If I understand your question correctly, the wife filed the divorce and then not only didn’t follow through, her lawyer isn’t even involved in the case anymore. Now that they have been separated more than two years, the husband wants to “jump start” the divorce process himself.
In that situation, I would say that yes, the husband can certainly do so by drafting, filing and serving the “3301(d) affidavit” mentioned in my previous response. Just because he is the defendant doesn’t mean that in Pennsylvania, he cannot himself become the “moving party” for purposes of bringing his divorce process to conclusion.
Thank you so much for your input! She has finally completed the paperwork necessary, we thought. This past week he received documentation from the courts stating that the decree is deferred because:
There is not indication in the record that the partied resolved the Equitable Distribution count raised in Count 4 of the Complaint. After the appropriate documents are filed the decree will be entered.
With this came a copy of her Praecipe to Transmit Record showing #6 as Decree in divorce is requested with no other relief granted. Does he also have to complete this same document? He believed that he had, and is wondering if it expires? His was dated 8/17/2012. Will this hopefully finalize this overly long process??
Without looking at the paperwork it is not possible to say for certain, but your issue here is that the spouse who filed the divorce raised more issues than just the divorce, itself, and those issues remain outstanding. Ordinarily, when economic claims have been raised a divorce decree will not be granted until they have been resolved through agreement, or dismissed.
If the filing spouse is no longer cooperative, this might be the time to sit down with a divorce lawyer who can actually take a look at the paperwork, and advise you whether there is any way to finish the divorce process without also having to address the economic claims.
This is for the state of Pennsylvania. What about the state of Illinois? Can you tell me the law in my state?
I am sorry to say that I cannot. For the most part, where family law is concerned fifty states might as well be fifty independent countries. I am only licensed to practice law in Pennsylvania, and I am unable to offer useful information about divorce law in other states.
My wife and I have been separated for about a month. After being separated she has made the decision to try and move on with her life. She is in the process of filing for divorce, and she is finding out that it is not as easy as she thought. She says that she still loves me. I am a Christian as well as her also and I do not believe in divorce if the marriage can be worked out. I told her that I do not want to sign the papers if she files. She informed me that it can get pricey, and I do understand that. Having said that I LOVE MY WIFE and I am willing to fight for my marriage and go to counseling with her. I am praying that God will soften her heart to save this marriage. I still believe in miracles. I do not believe that this marriage is broken beyond repair. During my Christian walk I have seen many miracles in my life and my wife is one of them. She is a beautiful woman who I love dearly. That is why It is hard to let her go when there is room for reconciliation. My question to you have you ever heard of a case that the judge will order counseling for the couple seeing the love that is still lingering on. Or have you ever seen him throw a request for divorce out. I believe in the sanctity of marriage that God intended it to be.
No, I have not. Technically, the judge has the power to order divorcing spouses into marriage counseling. In practice, I have never seen it occur in more than two decades as a Pittsburgh divorce lawyer. The reason is simple: dragging an unwilling spouse before a marriage counselor is a waste of everyone’s time.
Imagine the two of you sitting down before a marriage counselor. You say, “I am here because I want to repair our marriage.” She says, “I don’t want to be here. This marriage is over, and there is nothing to repair.” The counselor is going to explain to you that there is nothing he can do in a situation like that.
Family court judges concern themselves with the economic aspects of a marriage, not the romantic ones; the wallet, not the heart. It is the former of the two that characterizes the institution of marriage under the civil law.
I sympathize with your desire and your philosophy, but the painful truth is simply that if she is determined to go from you, no judge has either the power or the will to stop her.
Hi Michael. I served my wife no-fault papers during the two years that we were separated (which she did not sign). Now that it has been two years, do I file a whole new set of papers, or just the affidavit that she has 20 days to respond. Thank You!
The initial set of paperwork you filed should include the Complaint in Divorce. If you prepared it correctly, the same complaint form is used in Pennsylvania for both the “mutual consent” and the “irretrievable breakdown” grounds for divorce. In that instance, you do not have to re-file as long as the court did not dismiss your divorce claim on the grounds of inactivity (some Pennsylvania courts do this, but they provide warning to you by mail, first).
Make sure that service of your divorce complaint was done correctly, and that you have filed the appropriate affidavit of service with the court. If it was never properly served, this is an essential step to which you must attend.
Assuming your complaint is indeed properly served, you must prepare your “Affidavit under Section 3301(d) of the Divorce Code” and serve it on your spouse, generally by regular mail, creating and filing another affidavit of service to indicate that you have done so. After the twenty-day period expires, there are more documents that you must serve on her and a second 20-day wait before you can file the final paperwork to finalize a divorce.
If my husband has been out of the house living elsewhere, and has not provided any monies for the mortgage in 15 yrs. does he have any rights to the house? What are my rights?
If the house is titled partly to him, he has the same rights to the house that any other homeowner has in Pennsylvania. Unless you reach a settlement agreement with him, odds are that the value of the house for purposes of equitable distribution of marital property is going to be based on the equity as it now stands, rather than as it stood on the date of your final separation.
The reason for this is that there are two opposing technicalities that are usually seen as canceling each other out. On one hand, you have been paying the mortgage alone for fifteen years, and building up the equity by doing so, and by maintaining the home. On the other hand, you are living in a residence that is partly titled to him, and as a result you owe him a share of the reasonable rental value of the home. In practice, a Pennsylvania divorce court will prefer to avoid a lengthy and detailed analysis by simply using the current equity value of the home.
If you are looking to bring closure to your marriage and your remaining economic entanglement, you are best advised to look first, and leap second. It always sounds at least a little self-serving to say, “Sit down with a local divorce lawyer,” but knowing exactly where you stand, legally, will help you set achievable goals and then be able to pursue them effectively.
I’ve been separated from my husband since 2010. I know he lives in Trenton nj, but he won’t give me his address. I’m trying to get a divorce. He’s been living with his girlfriend.
Much may depend on whether he will agree. If he is willing to cooperate to obtain a Pennsylvania divorce decree (and perhaps his girlfriend will encourage him to say yes!), you can probably get away with not knowing his address, so long as there is a way to get him the necessary documents to sign and return (e.g., a friend’s address, email, or fax).
It becomes more challenging if he doesn’t want to cooperate. It seems clear that you are in touch with him in some way, but you are going to end up needing to do a diligent search to locate him. Either that search will actually turn him up (or find where he works or hangs out, so you can have him served), or it will lay the groundwork for getting permission from a judge to engage in “alternative service.” What alternative service would mean in your case may depend on how you are getting in touch with him, now, and if you have to go that route you are best advised to discuss it with a Pennsylvania divorce lawyer, in advance.
My wife has left her matrimonial house permanently and wants to put me under pressure by not signing on the required papers for divorce. This really gives me a pain and I want to leave her permanently. can a divorce possible if she doesn’t agree to sign ?
Yes, but unless you can establish “fault” grounds against her (which is usually not worth the expense and effort, even if you can), in Pennsylvania you must wait until the second anniversary of your final separation to begin moving the process forward against her stubborn opposition. In the meantime, if you own your home together or have other shared assets, you might want to investigate what needs to happen besides the divorce, itself.
If a Pennsylvania divorce decree is all you need, closure will come in its time and the only thing you can’t do in the meantime is to marry someone else. Yes, it’s a pain and a frustration, but since you always have to establish a “ground” for divorce to get your decree, that limits your choices to a very small list.
I been married for 26 years i filed for divorce a year ago. He has gotten the divorce papers and has responded once and we did a counter offer that was almost 3 months ago, my lawyer has called numerous times to his lawyer and even sent a letter and his lawyer still hasn’t responded. Is there a time limit on this?
There is no reqirement for your opposing counsel to respond in the context of an ongoing, informal negotiation. I have no way of knowing why your ex’s lawyer is not responding, of course, but it doesn’t much matter in this context.
Just because your ex’s lawyer isn’t responsive does not mean that you have no options either to move your case forward, or to make your ex pay (maybe literally!) for heel-dragging. You should discuss this with your lawyer, keeping in mind that even if you can lever your case forward against your ex’s inertia, there is likely to be a cost (and maybe a substantial cost) in terms of your own counsel fees.
Obviously, requesting a response is not getting you anywhere. You need to know your full set of options, and without a detailed knowledge of your case I cannot offer you the information you need. Your lawyer should make sure that you have a full understanding of where you stand.
im currently in the army, i want to divorce my wife of 3 yrs, she doesnt know yet though. but we have discussed that if we ever got divorced, shed never sign the papers. what can i do?
For purposes of my answer, I am assuming that one or the other of you is a Pennsylvania resident, and that you have chosen to file in Pennsylvania. If she won’t cooperate, you will not be able to establish “mutual consent” grounds. That leaves you with either the option of pursuing a “fault” divorce (which almost never worth it, even in the unlikely event that you could establish a fault ground against her opposition), or waiting until at least two years have passed from the date of your final separation so you can pursue a divorce based on “irretrievable breakdown.”
Before you make your move, it might be very useful for you to educate yourself about where you stand, in case she decides to pursue her rights aggressively. That will give you the best chance of being in a protected position before anything else happens.
Hello. My spouse was charged with possession and dissemination of child pornography. What grounds on which can I divorce him?
Assuming that he is convicted and imprisoned for two or more years, in a technical sense you have a “fault” ground to use against him. You can review all of Pennsylvania’s grounds for divorce here. In practice, however, it is seldom worthwhile (and more to the point, seldom cost-effective) to pursue a fault divorce even if you have grounds. The overwhelming majority of divorces in Pennsylvania are based upon no-fault grounds, even when fault grounds exist. In rare circumstances pursuing a fault divorce can be the best course, but without knowing much more about your situation than is possible in this limited forum I am in no position to be able to advise you.
All of that said, before you file for divorce under any grounds you should make sure that there are no economic “loose ends” such as shared title to property, a potential claim against his pension or retirement fund that you might want to exercise, etc. Such claims are generally lost if they are not either made through the court, or protected by an agreement, before the divorce becomes final.
Do we HAVE to be separated for any amount of time before we can be divorced? My husband and I still live together. But our marriage is ending/over. We have already agreed on custody agreements that we both find reasonable and BEST for our children and neither one of us what anything other then what we brought into the marriage. ( material things) we don’t own a home or any shared assets.
No, you don’t have to be separated for any length of time at all. You will be using the “mutual consent” ground for divorce (the first of Pennsylvania’s two no-fault grounds), and there is no requirement that the two of you reside at different addresses for the two of you to be able to legally dissolve your marriage. As far as the court is concerned in this kind of situation, where each of you chooses to reside is nobody’s business but your own.
Mr. Greenstein,
I am so very much hoping that you can help me. My wife and I separated in February of 2003. We had (3) children and I provided support to them throughout their growing years. Two of them are grown and in the military and I have one remaining on support until June of 2016.
My issue is that in May of 2009 my attorney and hers drafted up a “Bifurcated” divorce to enable me to marry my terminally ill fiance. She died before we were able to.
I am just trying to get a finalized divorce because I am still paying Pende Lite to her. I have been paying this since 2003 and want it stopped.
How do I go about doing this? She always claims that she is being reducated and needs the money to survive. Enough is enough. I really need help.
Thank you for your time.
When people speak about “the wheels of justice,” what they don’t tell you is that there is a little crank sticking out of the machine. If nobody turns it, nothing at all happens. If your ex is being paid month after month for doing nothing at all, why would she turn the crank? The frustrating reality is, it’s up to you to move your own divorce process forward, either by yourself or through the assistance of family law attorneys.
Without access to the paperwork connected with your case, there is no way for me to know what has already been done and what still needs doing, but waiting for your ex’s cooperation is not on that menu!
What I do in situations like yours is to review the paperwork and to go over both the history of the situation, and what still needs to be addressed through the court; and then lay out a “to do” list of actions that will get your case moving forward. If you have been paying APL to your ex since 2003, from a technical standpoint of PA divorce law you could have started your case moving forward to conclusion at any time during the last ten years.
The problem with waiting is that in most situations, it doesn’t get you anywhere. If one is called upon to exercise patience I highly recommend that it be the patience not of the martyr, but of the spider. As matters stand, it’s as if you had a one-mile race to run; if you start today, your remaining time is whatever it takes you to run a mile. If you start a year from now, your remaining time is whatever it takes you to run a mile.
If it’s finally time, sit down with a local divorce lawyer and lay out your course to proceed. The odds are overwhelming that the only barrier to moving your case forward is nothing more than the fact that nobody is doing it right now.
Can my father in-law serve me divorce papers for his daughter? Also my wife is asking for equal distribution but I don’t have anything. I relocated to out of state an need free legal aid. Can someone assist me with this matter?
Technically, according to Pennsylvania law, a relative is not qualified to serve you with a divorce complaint and related materials; service of divorce in PA may be made by any adult other than a party to the action, a relative of a party or an employee of a party. That said, acting like you were never served when you are on actual notice of the divorce filing is usually a bad idea and invites trouble. You have the paperwork, and you can place yourself at a disadvantage if you pretend otherwise.
If you are dealing with a Pennsylvania divorce case and live out of state, you almost certainly need “boots on the ground” in the jurisdiction in which your case is being handled. A free lawyer, though? Not likely, and if you find one you may want to ask yourself why that lawyer doesn’t think his services are worth much.
Hi there. My wife broke up with me 4 months ago and now says she has filed for devorce. It’s a bit sudden and I can’t afford a solicitor just yet . She says the reason why she has done this so fast is she wants the house situation sorted as she is staying at her mums how’s with our two kids. What do I do if I don’t have the funds to finance a brief at the moment. Many thanks rich
Your question makes it seem that you are in a British Commonwealth nation, and of course Pennsylvania (including my Pittsburgh divorce and family law office) has not been part of that happy assemblage for the last couple of centuries. Assuming this to be true, that puts you more than a bit out of my range to be able to offer meaningful information! Your best bet is to speak to a divorce lawyer in your home jurisdiction, to get targeted information on what you can do either to improve your situation directly, or to position yourself now to better benefit down the line. In my experience at least, family law is an area in which an ounce of prevention really can be worth a pound of cure, and (depending on your situation) your investment of the cost of an hour or two of a skilled and experienced family law attorney’s time might pay dividends for you over and over.
I am sorry that I cannot offer you more under the circumstances, but I hope this offers you something useful, all the same.
I filedfor divorced, did all the paper work, waited 90 days have the consent of defendant signed by my spouse but she did not send back the waiver of intention to request entry of divorce. Can i still proceed without it ? If so, how long do I have to wait to file a praecipe to transmit record?
Assuming that you have filed her Affidavit of Consent within thirty days of her having signed it (it’s no good anymore, if you didn’t), you will have to serve her with a Notice of Intention to Request Entry of Divorce Decree (that’s what the Waiver of Notice makes unnecessary) and give her twenty days to respond, before you can transmit the record.
Hi iam in the process of divorce and my husband says hes gonna fight for the house,hes saying hes nt gonna sell the in order for me to benefit from it.my question is now how is he going to buy me out because he will qualify for a loan
It’s impossible to offer an “off the cuff” answer to your question other than to say that when the weather report calls for a chance of storms, that’s a good time to make sure you have an umbrella. If you wait until you feel the first drops of rain, it’s safe to say that in that moment you have fewer response options than you did earlier in the day.
I usually recommend — HEAVILY recommend — against responding piecemeal to threats and actions. Far better is to set clear and achievable goals early, and to make sure that your actions in both the short term and the long term are in furtherance of those goals.
That is part of why lawyers exist. The main difference between me and my clients is that I do this sort of thing every day, and my clients never wanted to have to deal with it in the first place! Unless you’re a hard-core do-it-yourselfer who fixes your own car, your own plumbing and your own roof, invest in the cost of an office consultation with an experienced Pennsylvania divorce lawyer who can go over your situation and goals, educate you in PA divorce law and explain how the family court judge is likely to look at your case. When it comes to separation and divorce, an ounce of prevention really can be worth a pound of cure.
My wife is dating another guy and has had sex with him our divorce isn’t final I’ve signed nothing and I just got out of jail what can I do?
There’s no meaningful answer possible when you don’t make clear what you *want* to do. The best answer may be to sit down with a local divorce lawyer to review your goals and what it might take to achieve them.
That said, as far as a Pennsylvania divorce court is concerned, neither one of you has any reasonable expectation of the other’s marital fidelity once the two of you have begun your final separation. Marital misconduct need not be proven in the overwhelming majority of divorces. It is expressly excluded in the PA domestic relations code for purposes of marital property division. Provable marital misconduct is one of literally seventeen different factors to be considered by the judge for purposes of alimony, EXCEPT marital misconduct occurring after that date of final separation that does not involve violence.
It is for this reason that my advice to clients asking me whether it’s okay to date after they split from their exes usually includes the words, “Party on, dude!”
I’m applying for a 2 year separation divorce. ( its been almost 6 years). If the defindent doesn’t sign or contests the divorce ( that’s the type of person he is). Is there additional court cost. It so who has to pay it.
Our marriage is beyond repair, no way of getting back together.
He doesn’t have to sign. If the court paperwork is correct and he is properly served with it, all he has to do is nothing at all and you will be able to finalize your divorce.
Every family court in Pennsylvania charges a filing fee when you file your Divorce Complaint. Some PA counties also charge a small fee when you file your Praecipe to Transmit Record. To find out what you’re looking at in the county where you are filing your divorce, most counties make their fees available online; a search for “______ County Prothonotary fees” should probably get you to the information you require.
Court fees are generally paid by the person who wants to make something happen. If you’re not sure how to proceed, do consider talking to a local divorce lawyer. Some things are better done right the first time, especially if you’re not sure what your husband might do when he gets served with divorce documents.
My husband left me 5 years ago for another woman. He is very wealthy and he has been giving me an living allowance every month. We started a few businesses and purchased a few properties during our marriage. I have had a lawyer for 5 years, yet nothing has happened. I want the divorce and I want to settle financially so I can move on. He keeps cancelling all court dates and mediation dates to get my monthly allowance raised. Can he keep cancelling? He is continuing on with businesses with my part of the $. What can I do? At this point I feel that my lawyer doesn’t want this to end so she can keep making $ off of me. (I live in Pa.)
You should ask these questions to your lawyer, part of whose job it is to make sure that you are fully informed. Answering questions like these about your divorce process begins with establishing your goals and reality-checking them for achievability, and then reviewing with you what kind of strategy might give you the best chance of most success with least risk and expense. If your current lawyer isn’t answering these questions for you, it might be time for a second opinion.