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PhillyWife
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Reged: 06/23/05
Posts: 2
PA law on a Husband that won't sign!!
      #18165 - 06/23/05 05:53 PM

Facts:
Married in the state of PA
Married for 2 years (as of Aug 2005)
No kids, No property, Nothing is joint.

Ive talked to 2 lawyers so far, Im not sure if they are just out to make more money off of me or if they are telling me the truth; but they are saying that if he does not sign, Ill be married forever. I was told that I could place an ad in a public paper and if he does not respond that I can call it abandonment, but then I heard that it does not apply to people who live or were married in the state of Pennsylvania. Does anyone know of anything else? Please advise.


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almostheaven
Carpal \'Tunnel
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Reged: 07/13/04
Posts: 10468
Loc: West Virginia
What liars! [Re: PhillyWife]
      #18168 - 06/23/05 06:24 PM

Sheesh!

http://www.divorcelawinfo.com/PA/padivexpln.htm

"After you file your papers, your spouse has 30 days (if your spouse lives in Pennsylvania), 60 days (if your spouse lives outside of Pennsylvania, but in the United States), or 90 days (if your spouse lives outside the United States) to respond to your request for divorce (known as a Complaint). If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. "

"No-Fault Divorces in Pennsylvania

Irretrievable breakdown- If the parties have been living separate and apart for a period of at least two years and the marriage is irretrievably broken and the defendant has either:

a) Does not deny the allegations as set forth in the affidavit.

or

b) Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least two (2) years and that the marriage is irretrievably broken."

"For all practical purposes, desertion and abandonment are one and the same. .There are two elements that have to be present in order to constitute desertion: the willful desire or the intent to desert and the cutting off of the marital relationship. In Pennsylvania, the abandonment has:

continued for 12 uninterrupted months;

must be deliberate and final;

beyond any reasonable expectation of reconciliation."

There's lots more at that link. But basically, it could take 1 to 2 years if he doesn't sign. Both of which are hardly "forever". I'd turn those idiots into the bar for outright lying.

--------------------
Char Fox


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idgc
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Reged: 09/08/05
Posts: 1
Re: What liars! [Re: almostheaven]
      #30900 - 09/08/05 04:10 PM

Hi,
I am in a similar situation, but in OH. Wife says she will not divorce or sign or coperate. She also threatens to keep ot going as long as she can .
How do you handle this, been married 3 yrs.


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Desiree10
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Reged: 08/30/05
Posts: 13
Re: What liars! [Re: idgc]
      #30901 - 09/08/05 04:17 PM

as far as I can tell you go ahead and file for divorce, mail her the documents or serve her she has 30 to 60 days to respond to these documents if she does not I believe they call it defautl divorce. The Judge should and will grand you a divorce without her or his OK. Comment sense tell's me I can stay married for ever, once a motion for desolution of marriage is entered in the court, the only way you will stay married is if you yourself do not follow up on it and file the property papers. Go on the internet and type Divorce, or what ever word you need hit Search and take the time to read. Lawyers for the most part a only hungry for money, unless there is property to be devided, children and money, alamoney, child support, you dont need a lawyer to get a divorce.

--------------------
Quote: I am not where I need to be, but thank God I am not where I used to be.


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sugar_puss06
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Reged: 02/13/06
Posts: 1
Re: What liars! [Re: Desiree10]
      #78007 - 02/13/06 07:59 PM

I have the same problem.I filed in August 2005(with minor children)and have been in mediation crap since october.My husband has been in contempt for not showing up.December he messed with my emotions and agreed to sign at court,when we come back he refused.So they(courts) set up another mediation for this coming March,he called the mediator and changed it to this Wednesday(2/15/06) and said he was ready to sign(he has a girl knocked up). Well its 2/13/2006 and he just called to say hes not going to court and he just doesn't feel like showing up.Will the court give me my divorce or what? Will I be married to him forever? I have already proved abuse,abandonment and refusal to care for our 4 children.Can anyone help?

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almostheaven
Carpal \'Tunnel
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Reged: 07/13/04
Posts: 10468
Loc: West Virginia
No... [Re: sugar_puss06]
      #78096 - 02/14/06 09:52 AM

the judge will get tired of his bull and grant you a divorce with or without him. He's just dragging it out. However, if you're using an attorney, be sure your attorney requests your ex pay some of their fees...since he's the one dragging it out and making it cost more.

--------------------
Char Fox


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