Legal Question in Family Law in Pennsylvania

separation divorce

I will be separated two years on December 12,2008. When can I filoe for a two year separation divorce. Do I have to wait until the day or can I start, say, 30 days before.


Asked on 11/12/08, 12:56 pm

1 Answer from Attorneys

Audrey Buglione Law Office of Audrey Buglione

Re: separation divorce

You may file for divorce prior to a two year separation; however, the court will not issue a divorce decree prior to the two years unless both parties consent (unless grounds for divorce exist, however you have not indicate that this is the case). There is also a mandatory 90 day waiting period between the date of filing for divorce and the date of entry of the divorce decree regardless of whether both parties are willing to consent to the entry of the decree. You should make sure that all economic issues regarding the divorce have been finalized prior to asking the court to enter a divorce decree, otherwise you may lose rights to property distribution, alimony or spousal support.

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Answered on 11/12/08, 1:27 pm


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