Legal Question in Family Law in Pennsylvania
Legal Divorce
Can a divorce procedure be considered legal without the presence or signature of a spouse?
Asked on 9/22/00, 12:20 pm
1 Answer from Attorneys
Salvatore Lagonia
Attorney At Law
Re: Legal Divorce
Yes. A "default" divorce may be obtained "ex parte" - which means without the other party even present. In New York a person served with a Complaint with Notice in a divorce action has 20 days to reply. If they do not reply within that 20 days the court may dispose of the res of the marriage - that is - grant a divorce. They will not divide the property of the parties however, at that time. Other actions would be necessary for that to occur.
A persons refusal or failure to reply to the court does not allow them to hide from the divorce itself.
Answered on 10/23/00, 7:49 am