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Am I divorced or not?: My divorce papers were filed in the court system in January of 2015. My ex has still refused to sign them. Someone told me after 2 years the divorce is automatic. I am not sure how true this is and my lawyer I hired never returns my calls. Custody was attached to the divorce papers as well, but does that effect my divorce itself? Any help would be appreciated. Thank you.

Asked 6 days ago in Divorce

Norma’s answer: No, it is not automatic. An Affidavit Under Section 3301(d) of the Divorce Code (signed by you) needs to be filed and served. It will state that the parties have been separated for two years and that the marriage is irretrievably broken. Your x2b then has an opportunity to contest those statements or to assert that the divorce should be deferred until economic claims have been resolved. I don't recommend trying to do it yourself.

Answered about 13 hours ago.


Can a child support case be reinstated after it has been closed or does a new case have to be started?: All the info I see on child support website says that you can modify,terminate or reinstate an "existing" support order. If the case was already closed and any arrears could not be enforced. Doesn't the plaintiff have to open a new case not reinstate the old one that shouldn't even exist?

Asked about 1 month ago in Child Support

Norma’s answer: Cases may be closed so that the uncollectible arrears don't adversely affect the court's statistics. Every order I have seen doing so provides that the case may be reopened.

Answered 28 days ago.


Best argument to win appeal at Superior Court of PA v. Michael Streily? Right to jury trial? If lose what are appeal options?: I briefed MISTRIAL w/coercion of guilty plea w/pro se accepting reduced speed deal at Common Pleas Court Allegheny County, PA. Comm v. Sanchez and Comm. v. Stevenson briefed for ruling of whether case law applies at all in this case. Filings were 1925b, Judge opinion, Appellant brief, Appellee brief, and Appellant reply brief. By June 30, 2017, need to reply to 6-16-17's court letter Re: hearing date July 19, 2017 at Superior Ct PA. Likely entrapment by government & other violations of due process/civil rts. & denial of justice due to suppressed exculpatory & circumstantial evidence & mitigating circumstances NOT YET HEARD. MDJ court location maybe wrong jurisdiction; MDJ Judge accused me of harassing MDJ court. Alleged speed not proven beyond reasonable doubt (?) before S.J. Lester Nauhaus. Briefed misapplication of law & abuse of judicial discretion at lower cts. Need continuance to 8-2-2017 to add written suppressed evidence & mitigating circumstances to record, do discovery, decide whether to request briefs only review (+/or new trial w/Comm. v. Rosser?), Please reply ASAP about best strategy & best arguments, & options w/loss (writ?PA Supreme Ct?) Can jury trialhelp?

Asked 30 days ago in Appeals

Norma’s answer: Superior Court does not hold hearings. It hears oral argument after briefs have been filed. It decides cases on the basis of the existing court record, and no additional facts can be presented, in writing or otherwise. Court rarely continues oral arguments, and you have no basis for a continuance in any event.

Answered 28 days ago.