Legal Question in Family Law in Pennsylvania

My husband filed for divorce and said he'd been living in PA for 6 months and that we'd been separated since Oct 2014, but he moved to VT and in with me for 2 1/2 months in Aug 2015. He got a VT license, registered to vote here and changed his address. He hasn't been back in PA for 6 months yet. Can he even file yet and when does the 2 years start for the no fault separation?


Asked on 1/26/16, 12:14 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

As long as he had the filing fee he they will file his paperwork. That said will it go anywhere?

So if the Pennsylvania filing is not allowed he could file in Vermont.

As to when does the 2 years start for the separation?

To be consider separated you have to have ceased marital relations. That is he moved to Vermont even in your house but slept on the coach then the clock wouldn't reset.

It's clear he wants a divorce but what do you want?

{John}

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Answered on 1/26/16, 12:26 pm
Matthew Nahrgang Nahrgang & Associates, P.C.

Unless you are contesting the divorce, which is honestly a waste of time as it will ultimately be granted, the residency doesn't matter. The two of you can consent to the divorce 90 days after it was served upon you. If you don't consent, the 2 years runs at the latest after the divorce was filed. So, once 2 years have passed from the filing of the complaint, he or you can proceed to obtain a divorce without the consent of the other.

You may have rights that should be explored such as distribution of marital property and possibly temporary alimony pending the divorce, known as APL, or alimony pendente lite, alimony pending the litigation.

I trust this answers your questions, but, if you reside in or near Montgomery County, feel free to call or e-mail on a free initial basis.

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Answered on 1/26/16, 12:37 pm


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