Legal Question in Family Law in Pennsylvania

Your question makes no sense. There is no need for a "legal" separation. For a no-fault divorce, you either consent to the divorce, in which case you can be divorced in 90 days or you don't consent, then your husband has to wait 2 years. Of course, you can always file for a fault based divorce on the grounds of adultery.

I assume your husband has already separated from you and living somewhere else. You are already legally separated. Why would anyone need to file separation papers?

In some states there is a provision for a "legal separation" like in NC. Other states require you to file for a legal separation prior to the divorce. But not in PA.

Anytime that a lawsuit is brought, the other party has to be served with papers regarding the action. It would be impossible for you to not be notified that an action is pending. Most people play by the rules. However, if your husband is lying and trying to serve you deliberately at an address that you no longer reside at or by publication, it would be possible for you to be sued and not know it, but its unlikely, especially if your husband has a lawyer. This is not something you do on your own usually.

However, if you are unclear, then go and visit the county court of common pleas. Anyone can go to the courthouse and look up a file about any pending case. See if there is one on record for you and your husband. He would be the plaintiff if he filed suit and you would be the defendant.

Below is the PA statute regarding divorce: 23 Pa.C.S.A. � 3301

PA is a no-fault divorce state and it does not matter if your husband is having an affair or not. The issue of marital misconduct is generally only relevant in the context of alimony or if you seek a fault-based divorce (this is becoming less common).

You must raise any claims for equitable disbtribution of marital assets and debts prior to the entry of a divorce order. I would urge you to immediately consult with a family law attorney - there are many in the Pittsburgh area.

Title 23 Pa.C.S.A. � 3301. Grounds for divorce

(a) Fault.--The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has:

(1) Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years.

(2) Committed adultery.

(3) By cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse.

(4) Knowingly entered into a bigamous marriage while a former marriage is still subsisting.

(5) Been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime.

(6) Offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome.

(b) Institutionalization.--The court may grant a divorce from a spouse upon the ground that insanity or serious mental disorder has resulted in confinement in a mental institution for at least 18 months immediately before the commencement of an action under this part and where there is no reasonable prospect that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement of the action. A presumption that no prospect of discharge exists shall be established by a certificate of the superintendent of the institution to that effect and which includes a supporting statement of a treating physician.

(c) Mutual consent.--The court may grant a divorce where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of commencement of an action under this part and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce.

(d) Irretrievable breakdown.--

(1) The court may grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken and the defendant either:

(i) Does not deny the allegations set forth in the affidavit.

(ii) Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken.

(2) If a hearing has been held pursuant to paragraph (1)(ii) and the court determines that there is a reasonable prospect of reconciliation, then the court shall continue the matter for a period not less than 90 days nor more than 120 days unless the parties agree to a period in excess of 120 days. During this period, the court shall require counseling as provided in section 3302 (relating to counseling). If the parties have not reconciled at the expiration of the time period and one party states under oath that the marriage is irretrievably broken, the court shall determine whether the marriage is irretrievably broken. If the court determines that the marriage is irretrievably broken, the court shall grant the divorce. Otherwise, the court shall deny the divorce.

(e) No hearing required in certain cases.--If grounds for divorce alleged in the complaint or counterclaim are established under subsection (c) or (d), the court shall grant a divorce without requiring a hearing on any other grounds.