Legal Question in Family Law in Pennsylvania
Counter Affidavit
I am in the middle of a divorce, I sent my wife a 3301 form. isn't she suppose to send me a copy of the counter affidavit that she files with the court. and if she does not send me a copy is there somekind if loophole so she can't sue me for alimony or anything else, because I was not notified of what she is suing for?
1 Answer from Attorneys
Re: Counter Affidavit
The 3301c is an affidavit stating you consent to the divorce. The counter affidavit is required to be served upon you only when a 3301d affidavit is filed. That affidavit states that the parties have been separated for at least 2 years and the plaintiff is entitled to a divorce whether or not you consent. Since you consent, no counter affidavit will be sent.
The next document to be filed will be a Praecipe to Transmit the Record which is a formal request for the divorce decree. Only if the parties have entered into a property settlement agreement, will the court then order that the agreement be approved. Otherwise, the court will defer a decree in the case of a property dispute or simply enter a decree when there is no dispute.
I trust this has been helpful, but feel free to call or E-mail on a free initial basis.
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