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This may vary from state to state, so if it does, this is in the state of Pennsylvania.

Here's the situation. I have a friend who has been seperated for 5 years. He filed for a divorce, but his wife refuses to sign the papers. He has a new girlfriend that he has been with for 3 years, and he wants to marry her, but he can't because he can't get his divorce finalized.

Is there any way around this? If his wife keeps refusing to sign the papers, is there some type of law or statute that says the divorce will automatically be final after x amount of time??

Please help.

2007-10-22 07:38:46 · 4 answers · asked by CJ 4 in Politics & Government Law & Ethics

4 answers

Ok..not up on Pennsylvania laws, and yes they do vary from state to state, but not that much.

So your friend filed a divorce petition? Was it served on the Wife? If so, did she file a response within the time frame allowed? If she didn't then he must simply note her in default and file a request for divorce. NOW that being said, if there are children or assets to be dealt with, there may have to be a formal hearing with respect to those matters...it is possible, however, to sever the divorce itself from Marital Property and child support and custody issues..which basically means that those matters are still open for argument at a later date, but your friend can get divorced and remarried.

2007-10-22 07:47:53 · answer #1 · answered by elysialaw 6 · 0 0

the wifes refusal to sign papers is not enough..now if she doesn't file a response to his papers with the court saying she does not want a divorce or does not agree with the terms of it and that she wants it to be seen by a judge for a decision within 90 days of receiving the divorce papers then if he can prove that she did receive the papers and never filed a response he can ask that a default judgement be entered and he will receive the divorce

2007-10-22 07:43:14 · answer #2 · answered by little78lucky 7 · 2 0

He needs to get an attorney and file for divorce. What he wants presently is a dissolution which is required to be agreed upon by both of them.

2007-10-22 07:43:57 · answer #3 · answered by sensible_man 7 · 1 0

Eventually the judge will sign a contested divorce order.

2007-10-22 07:42:05 · answer #4 · answered by wizjp 7 · 2 0

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