How long will take my divorce if my husband will not sign the papers;he is in prison now.: we're married for 17 years and have a child together.
Caroline’s answer: If a spouse does not consent, a two-year wait from the time of separation is required. But a spouse may pursue a divorce on "fault" grounds. There are several listed in the Pennsylvania statute, one of which is that the spouse was sentenced to imprisonment for a term of two or more years after conviction of a crime. 23 Pa.C.S. § 3301(a)(5).
I live in Pa, my husband declaired that he wanted a divorse in Oct 12' but didn't want the separation till Nov 12'.: We live in the same house I'm on one level hes on the other we share things like the kitchen, living room because neither of us can afford to move out. So my husband wanted to save some money to speed things up to move out he wanted us to refinance the house, when we signed the papers it listed married, divorced, separated. Well he signed the papers saying that were married and not separated, I signed too but I'm not the one who wants the divorce so the papers were signed married not separated like it gave the choice for. I asked my husband why he did that he said we probably wouldn't get refinanced if we didn't but he still wants to keep the separation going since Nov 12' and its now Feb 13'. We have to wait 2 years from separation for divorce so are we still separated or married?
Caroline’s answer: There is no “legal separation” in Pennsylvania. Separation occurs when spouses cease living as husband and wife, even if they reside in the same house. An intention to dissolve the marriage must be clearly communicated, and when there is a disagreement about the date, and that date is an issue, a court may examine a number of factors, such as whether the parties slept in the same room and led separate lives. If both parties consent to divorce, they do not need to wait two years.
Do grandparents and sibblings have visitation rights in the stae of Pa?: I am a grandmother of two children belonging to my daughter, plus I adopted her oldest one. Theoldest being 7yrs wants to see his brother & sister which the father has custody. I was baby sitting them from sunday evening until friday evenings all summer up until Dad got mad at me for calling cys to report neglect. Now he wont even let us see nor talk to the children. Do we have any rights and does my son have any rights to see them?
Caroline’s answer: In Pennsylvania, grandparents may file for partial physical custody or supervised physical custody when the parents have been separated for at least six months or have commenced and continued a divorce proceeding. Grandparents may also file for any form of physical and/or legal custody if their relationship with the child began with the parent’s consent or by court order, they are willing to assume responsibility for the child, and the child is substantially at risk because of parental abuse, neglect, drug/alcohol abuse, or incapacity. Pennsylvania law, 23 Pa.C.S. §§ 5324 and 5325, provides more situations than I described here for standing to file. Certainly, there is more involved than filing, so I hope that you can talk to a lawyer near you who can explain everything fully and help you to resume your relationship with your grandchildren.