I separated 15 months ago the divorce complaint served 6 months ago. Is the 2 yr wait period from date separated or served?

Asked about 1 year ago - Ambler, PA

This is a no fault complaint there are no assets in dispute, he doesn't have a lawyer nor is he going to get one. I can't contact him he has no phone, I don't know anymore where he is living.

Attorney answers (5)

  1. Kathryn L. Hilbush


    Contributor Level 19


    Lawyers agree

    Answered . Date of separation for the 3301(d) two year separation no-fault divorce. That gives you plenty of time to track him down since you'll have to serve him with more paperwork in 9 months. You should consider consulting with an experienced family law attorney in your area to learn what the procedure is and what options you may have.

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  2. Rochelle S. Rabin

    Contributor Level 13


    Lawyers agree

    Answered . I would just like to add to what's already been written that there are rules regarding serving documents on someone when you don't know where they are. If he's not servable at his last known address, that is if the mail comes back, you will need to make a reasonable search for him in order to send him the next documents required by the court rules. (There are specific things that you have to do in order to have a reasonable search.) If he doesn't turn up during your reasonable search, there are private investigators that many of us work with who are very good at finding people. If that doesn't work, you can petition the court to have him served by publication, meaning that you can publish the documents in the newspaper and the appropriate legal periodical, and that will constitute good service.

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  3. Michael Kuldiner


    Contributor Level 14


    Lawyers agree

    Answered . Date of Separation

    Michael Kuldiner, Esq. (215) 942-2100. Our Practice is focused on Divorce, Custody and Real Estate matters in... more
  4. Mary Kathleen Kelm

    Contributor Level 5


    Lawyers agree

    Answered . In Pennsylvania, the two years is calculated from the date of physical separation or the filing of the divorce complaint, whichever event occurs first. However, at the end of the two year period, you will need to file and serve a Separation Affidavit to move the divorce to conclusion - the two years is not automatic. If you successfully served the divorce Complaint on your husband by mail, start with the old address and see if it forwards to a new address.

  5. Susan J. Vandegrift


    Contributor Level 14


    Lawyers agree

    Answered . Date of separation starts the two-year period. Who filed the complaint? Once the two years expires, you will have to file additional documentation and research alternative service.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

No-fault divorce

A no-fault divorce is one in which all that is needed to end the marriage is a claim, by either spouse, that the marriage has broken down.

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