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I petitioned the court for an uncontested divorce. My wife won't sign the Acceptance of Service. How long before I can petition?

Philadelphia, PA |

I petitioned the court in Pennsylvania for an uncontested divorce. My wife has changed her mind and won't sign the acceptance of service and any other documents. How long do I have to wait before I can file a contested divorce. I was told 6 months from the original petition date. Thank you very much.

Attorney Answers 5


  1. If your wife is unwilling to move forward with an uncontested divorce, you may need to revise your original Complaint to include a divorce under section 3301(d) of the Divorce Code.

    Further, you must wait until there has been a 2 year separation prior to being able to force the other party to proceed with the divorce.

    If your wife is no longer willing to proceed with an uncontested divorce, it is time for you to schedule a consultation with an attorney who regularly handles divorce cases in your county so that you can ensure your paperwork is correct, or to assist in revising the Complaint, as well as explaining other rights that you may be entitled to claim.

    Good luck.

    The answer provided is for general information only. No attorney-client relationship has been formed. Please contact an attorney in your area for case-specific advice.


  2. You need to perfect service first. There are other ways to do that. You need to explore those options. Once services is perfected, grounds for divorce can be met 2 years from the date of separation. You should consult an attorney.


  3. In Philadelphia, service can be made by a competent adult, not party to the suit, i.e. a process server. An Affidavit of Service needs to be filed with the Court


  4. I would want to know when you separated, when you filed, what you filed, how she was served and whether you have children...same with property..was it divided? You really should talk to a lawyer if you don't have one.


  5. Divorce has many requirements that must be met. If your wife won't accept service, you can have her actually served by a process server. You can do alternate service, but likely will need an attorney to draft those documents for you.

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