Legal Question in Family Law in Pennsylvania
how to un-file a divorce
I had on my own went the courthouse and filed a divorce complaint, I was told to send him the complaint and return the COD reciept the the courts to be filed with it along with his and mine agreement to divorce.. I had sent him the compalint but never turned in the proof to the court, also neither one of us had sent along our signed consent to have it forwarded to the judge, ( only the complaint has been filed) it has been over a year and the past 6 months we have got back togehter and want to know will it or can it still go through? and what do we need to stop it if it can since neither of has an attorney and done this on our own anyway?
1 Answer from Attorneys
Re: how to un-file a divorce
If I understand the situation correctly, a divorce complaint was filed and there was no further pleading filed. A divorce complaint, with no further action on the part of the plantiff, will not "go through" on its own. There are strict notice and filing requirements for a PA divorce decree to be issued by the judge. The divorce will remain on the docket, however, and will appear on searches of records or background checks.
If you wish to withdraw the divorce complaint, this can be done by filing the appropriate pleading. You will need to have an attorney do this for you. Please consult with an experienced domestic relations attorney in your area.
Ilene Young, Esquire ~ Young Law Offices
NOTICE
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts
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