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A divorce case starts when one spouse files the appropriate papers with the court. Once the paperwork is filed, the divorce papers must be served to the other party. The other spouse, known as the defendant, then has 20 days from the date of receiving the divorce petition to respond.
The Pennsylvania Rules of Civil Procedure require both parties to wait ninety (90) days from the service of the Complaint before filing the consent forms. You must wait ninety (90) calendar days from the date Notice to Defend and Divorce Complaint is served (see Step Two). The date Defendant is served is Day 1 of 90.
You must be separated for more than 2 years in order to do a Pennsylvania Divorce without your spouse's signature. If your spouse can be served and he/she does not respond, you may be able to get your divorce without signature. Even after 2 years, your spouse could contest the case.
Under this same law, the court can postpone a divorce for 90 to 120 days if you file for a divorce on the grounds of an irretrievable breakdown, and you have not lived apart (or separate) for at least one year. During this period, the court may require a couple to attend the couple's counseling.
If you are searching for appellate court cases, you must choose the 'Appellate' or 'Docket Number' option.
In Pennsylvania, the paying parent must submit a Petition for Modification of an Existing Support Order with the Domestic Relations Section (DRS) office to stop payments. Until the order is terminated, the noncustodial parent must continue making payments.
A divorce case starts when one spouse files the appropriate papers with the court. Once the paperwork is filed, the divorce papers must be served to the other party. The other spouse, known as the defendant, then has 20 days from the date of receiving the divorce petition to respond.
Then, you will need to appear in court on the date noted in the paperwork. Unique to Pennsylvania, you are not required to file an answer to a divorce complaint. However, this does not necessarily mean that you should not. So if you choose to, you usually have 20 days from being served to do so.