Legal Question in Family Law in Pennsylvania

My wife filed for divorce in July 2007. We have lived separately since Aug 2007 (~2-1/2 years). She filed under 3301(c) but now refuses to consent b/c I am paying her health insurance and knows I want to "move on". We initially divided some property but there are retirement accounts and real estate (one home) that are left to be divided. She also will not file a Stip for Bifurcation. I also know that the retirement accounts can not be divided w/o a QDRO and a divorce decree. We have two children but already have a custody agreement in place. I want to finialize this and move on w/ my life and possibly get re-married. I would like to file under 3301(d) since we have separated for more than two years. However, I'm sure she will check item 2.b in the counter-affidavit and claim economic relief due to division of property. What happens in this case? Will the process halt until the property is divided or will the divorce decree be finalized w/ some type of "automatic" Stip for Bifurcation? There's no sense filing under 3301(d) if the property issue holds up the process. If so, what else can I do to "force" the issue? Can I still get the divorce with the understanding (by court order) that the property still has to be divided?


Asked on 1/04/10, 11:21 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

You can "force" both the divorce and property settlement by petitioning for a divorce master. If you do that you need to have an attorney. In theory you could do it yourself. However, given what is involved you'd be well advised to have an attorney.

{John}

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Answered on 1/11/10, 6:17 am


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