Legal Question in Family Law in Pennsylvania

If your spouse is deported and won't sign divorce papers how long until you are not considered married?


Asked on 4/27/11, 7:51 pm

1 Answer from Attorneys

David Garnes Law Offices of David T. Garnes, LLC

The short answer is that you will be considered married indefinitely until either your or your spouse initiates divorce proceedings. The fact that your spouse was deported does not automatically divorce you. And the fact that your spouse has been deported and now lives outside of the United States will not eventually result in a divorce.

Instead, the only way to obtain a divorce is to file a divorce complaint against your spouse. You can file this divorce complaint in Pennsylvania, assuming that the person filing the divorce, the plaintiff, has been for one whole year, immediately prior to the filing of the action, a bona fide resident of the Commonwealth of Pennsylvania. See Chowhan v. Chowhan, 1974 WL 15707 (CCP Lackawanna County 1974).

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Answered on 4/28/11, 4:57 am


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