Legal Question in Family Law in Pennsylvania

Divorce after 2 year separation

My husband filed for divorce 05-09-05. He is dragging his feet about finalizing because he doesnt want to lose my health ins. I want the divorce but my att told me that since he initiated it, he needs to follow thru. That we may have to go to trial for this. I want to get divorce under 3301 (d) (two year sep.) and I have waited the two years. He filed under irretrievable breakdown of marriage. Can I get a divorce by waiting the two years or not because he initiated it? And also can I divorce HIM...I really dont care if he divorces me, i just want him OFF my insurance, because I am paying for HIM to be on my insurance.


Asked on 5/06/07, 9:42 am

2 Answers from Attorneys
John Davidson Law Office of John A. Davidson

Re: Divorce after 2 year separation

You have 2 choices you could file for a 3301(d) divorce of your own. The downside to that is its going to cost the filing fee. The alternative is to counterclaim the existing divorce claiming 2 years separation as a ground for your counterclaim. The upside on this is there's no filing fee. Of course it maybe too late to counterclaim.

{John}

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Answered on 5/06/07, 11:46 am
Glenn Brown Real World Law, P.C.

Re: Divorce after 2 year separation

I agree with Mr Davidson, it is possible for this action to be completed by your attorney filing the appropriate paperwork.

This may incur an addtional fee to you. Talk with your attorney again and see what it will take for him to move this matter forward.

Good luck to you.

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Answered on 5/06/07, 12:31 pm


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