Husband Petition For Dissolution In Pennsylvania
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FAQ
If both spouses want a divorce and agree that the marriage cannot be saved, things are simple. After the complaint is filed, there is a 90-day waiting period. Each party then files a sworn statement that the marriage is irretrievably broken and that each wants a divorce and asks the Court to grant it.
A competent person over the age of 18, who is not a party on the case, or a family member; can serve the other party for you. This person could be a friend, sheriff, constable, etc.
No you cannot. You cannot serve her with papers.
Court papers may be served by mail, but you must follow very specific rules. Court papers may be served by personal service - handing a copy of the paper to the other party – but not by you or a person related to you.
What is a Default Divorce in California? If due diligence fails and the spouse successfully avoids the attempts to serve the papers, the process moves into a default divorce process.
Under these circumstances, a divorce can be granted without a court hearing; Irretrievable breakdown (the marriage cannot be fixed) - you and your spouse have lived apart for a period of at least one year, and you file a complaint saying that the marriage is irretrievably broken (unfixable).
You must wait ninety (90) calendar days from the date the Notice to Defend and Divorce Complaint is served (see Step Two). The date Defendant is served is Day 1 of 90.
Pennsylvania Contested Divorce Process Even then, the divorce could take even longer to finalize if your spouse still refuses to give their consent. If this happens, a hearing will be ordered and you will have the opportunity to plead your case to the judge.
Last October, the governor signed the law scaling separation time to one year. Anyone filing for divorce since the new law took effect in December now must complete just a one-year separation. Proponents of long separation periods argued they would give couples time to reconcile.
Whereas this law previously stated that the spouses involved with the divorce must have been living separately for no less than two years, the law now reads that the involved spouses must be separated for no less than one year in order to obtain a lawful divorce in PA under 3301(d).
