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Separated more then 10+ months and spouse won't sign divorce papers what do i do?

Gibsonia, PA |

There was no legal separation more to the point I moved out weeks before we came to the understand that things were not going to work out.

She was found cheating online and had asked later on if sleeping around was okay, being forced in a corner I did say no. later on was forced to say yes or face divorce.

during the end of that year I had decided to leave her, and we went our separate ways. In September 2010 we had planned to meet up and discuss divorce papers but she kept rescheduling till there was no more connect.

During our marriage she should signs of abusing me (choking), and lite signs of being suicidal which we kept a secret. Random men called the house and she even went as far as to choose animals over being married.

At present she is dating someone else.

What do I need to prepare or start in order to become legally single again and free of this past. Bad memories are still there and emotional issues are starting to surface. We did go to a marriage consular at the end, it was my idea it would be best to have a legal third party view things and see what needed fixing. She ended up dropping out while i went on to see the DR more and ended when the separation become more real.

Attorney Answers 2

  1. The brief answer I can offer here cannot begin to encompass the whole of your situation and its history, although since I am based in Pittsburgh you are welcome to contact me "off list" to continue the discussion.

    There is no such thing as "legal separation" in Pennsylvania. For purposes of divorce, actual separation is the benchmark, and separation is achieved by (for example) one spouse telling the other that their marriage is over, one spouse moving out of the shared residence, or one spouse serving the other with divorce papers.

    As far as the divorce itself is concerned, since you have not yet been separated more than two years the no-fault ground we would be using is "mutual consent." If she declines to cooperate, as seems to be the case, the divorce process will be 'on hold' for a while. In case it helps, here is a link to an article on my professional blog that is relevant to your inquiry:

    Before advising anyone simply to proceed with a divorce or suggesting what might be a good idea to do next, I would need to know more about your situation overall: for example, the economic circumstances of your marriage, the length of your marriage, whether you have children together, and what your goals are.

    Right now, the two of you being separated, neither of you has any reasonable expectation of the other's fidelity. Both of you are free to date without inherently negative consequences in any divorce litigation.

    Attorney Michael B. Greenstein
    Pittsburgh, PA

    This response is offered for informational purposes only, does not create a lawyer/client relationship, and should not be taken as legal advice.

  2. In Pennsylvania, there are both fault and no-fault grounds for divorce. In short, in order to get a no fault divorce both parties have to sign an affidavit of consent which can be filed 90 days after the compliant was filed or be seperated for a period of two years. The seperation period can begin while you are still in the same house if for example you are living in seperate bedrooms.

    Based upon what you state above you may have fault grounds (such as adultery) which would allow you to proceed if your ex is unnwilling to sign the affidavit of consent and do not want to wait two years. Fault based divorces are more expensive because the fault ground has to be proven in court.

    It sounds as if you have already filed the divorce complaint, so if fault based grounds were not included you may be stuck waiting the two years to be able to proceed with a no fault divorce without your ex's consent.

    Hope this helps and good luck.

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