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90 days have finally passed since I served my spouse with PA no-fault or uncontested divorce papers.. He will sign his papers...

York, PA |

How long do we have to file the signed papers? The 90th day was yesterday and I am planning on filing mine today. How long does he have? And what if he does nothing? Doesn't sign but also doesn't contest the divorce, just ignores everything? He said he would but he can be lazy and I am afraid that he will wait until its too late to file them. Is there a time limit?

Attorney Answers 2

  1. One of the concerns that I have that is not addressed in your question is whether there is a Marriage Settlement Agreement in place. If not, the Agreement should be draft and signed before the divorce is finalized because you could lose important rights that you have if you do not address them before the divorce is final. Also, the 90 days waiting period begins on the date of service, not the date of filing. If he doesn't sign the Consent and Waiver forms and file them after the 90 day waiting period expires, you will have to speak with an attorney to determine whether you can file for a Master or if you have to wait for two years from the date of separation based upon the individual circumstances of your case.

    My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.

  2. There is no limit other than if two years passes with no activity on the docket the case can be dismissed for inactivity. If he does nothing, then you will either need to convert the divorce to a fault-based divorce if applicable or else you will need to wait two years from the date of separation and then file and serve additional paperwork on him alleging that you are entitled to a divorce because you have been separated for over two years. If you have any property claims or are seeking spousal support or alimony they must be addressed prior to the divorce being finalized or else you will forever waive your rights.

    The above answer is intended solely for general informational purposes and does not create an attorney client relationship. You should consult with an experienced attorney regarding all of the details of your particular situation before taking action.

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