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

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


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.

Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.

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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.

If my answer was helpful to you, I would appreciate if you would mark it either "helpful" or "best answer" if you feel that applies, as AVVO gives us rating points based on feedback. Thank you! Please note that the above answer is not to be construed as legal advice. It is my personal opinion based on your question, and it was given without obtaining the detailed information that I would normally request in order to render comprehensive legal advice. I advise you to consult with a local attorney of your choosing to obtain specific legal advice. The fact that I answered your question does not create an attorney-client relationship between you and me.

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Date of Separation

Michael Kuldiner, Esq. (215) 942-2100. Our Practice is focused on Divorce, Custody and Real Estate matters in Bucks County, Montgomery County and Philadelphia. For more information visit our site. This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between MIchael Kuldiner, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.

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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.

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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.

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