Legal Question in Family Law in Pennsylvania
Divorce filing
My husband and I are seperated, he stated that he wants a divorce.
He left our home on 10/22/07. When can he file? What is the waiting period? What if I don't want a divorce, can the courts make him go to counseling?
1 Answer from Attorneys
Re: Divorce filing
There are several grounds on which he can seek a divorce. The so called "No Fault" grounds are consent or by 2 years separation. These are often used in the same complain even if the separation has not been 2 years. This is to cover the possibility that what started out as a divorce that was supposed to be consented to isn't.
The other grounds involve accusing the spouse of some marital misconduct. This is often included either to show the other side the filer means business or to gain other advantages.
Yes as part of the divorce action you can get a court order for counseling.
On a consent divorce the affidavits of consent can not be filed until 90 days have passed since the complaint was filed. In your case a affidavit of separation can not be filed until October 22, 2009.
If you have any questions feel free to contact me. The initial consultation is free.
{John}