Legal Question in Family Law in Pennsylvania

My fiance just found out he is legally still married to his ex wife/son's mother. She said she "handled" the divorce papers, but never sent him his copy. This was 5 years ago and he never thought to ask for them, until he and I got engaged. She kept making excuses so we researched for the document and found out that there isnt one, although she claims to be "remarried". Her father illegally married her and another man.

However, my fiance is serving in the army and is currently in Iraq. Is there any way he can file for divorce while he's over there? Because we are suppose to get married when he gets back and this will mess up the time frame of everything if the divorce process doesnt happen fast. She lives in Atlanta Georgia, I am in Pennsylvania and my fiance's hometown is Hartford, CT, but again hes in Iraq now. So is there any way he can make this happen from over there? Thank you so much

Natasha


Asked on 7/26/10, 1:01 pm

1 Answer from Attorneys
Rachel Hunter

He needs to file for divorce either where he resides, or where he is stationed (if in the US) or where the ex-wife resides. Georgia has a 90 day waiting period after you file. Pennsylvania does too if that is where he is stationed while not on active duty. However, the wife must consent. Your fiance could give you a power of attorney that would allow you to deal with the attorney for him. He needs to speak to his JAG officer about that. Otherwise, my suggestion would be for him to search for a family law attorney actually in Georgia and arrange to call or email with the details. I am not licensed in Connecticut so I do not know about Connecticut law. Do they own properrty together? If they do, then he should seek a divorce in the county/state where they own assets together. Otherwise, he just may as well go to Georgia.

Here is a very brief overview of Connecticut law:

http://www.divorcesource.com/info/divorcelaws/connecticut.shtml

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Answered on 7/27/10, 12:04 pm


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