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.

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Answered on 10/23/00, 7:49 am


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