Legal Question in Family Law in Pennsylvania

Divorce without consent & termination of alimony pendente lite?

My husband left Sept 04 and filed for divorce Oct 04. He then proceeded to destroy me, financially and emotionally. He stopped paying bills/expenses for our home day he left (per his atty's instruction), he and his atty held up hearings for support (spousal, APL) from 10/04 til 5/05, he filed bankruptcy Jan 05 (unnecessary - he has good income & had minimal debts), he refused to file joint tax return with me and then claimed my son from my previous marriage as a dependant! on his return. All of this has been mind boggling since I am the ''injured party'' in this divorce!! His attorney is extremely aggressive and has made false statements regarding myself at our various conferences & hearings. She always includes statements in her letters about me which are false. I am on SS disability and because of my husbands actions upon leaving etc. was put into a tremendous financial hole which affected my ability to continue legal counsel. I received a letter this past weekend stating that I needed to sign the divorce affadavit enclosed or she and my husband will go to court and request the alimony pendente be terminated and the divorce proceed without my consent. Can the APL be terminated and the divorce proceed without my consent??


Asked on 9/21/05, 6:15 am

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Divorce without consent & termination of alimony pendente lite?

If the divorce was filed on a no fault basis then until a 2 year seperation has occurred the divorce cannot proceed. I highly recommend speaking with an attorney. Some attorney's will bill you until equitable distribution takes place. I offer free consultations.

Read more
Answered on 9/21/05, 7:59 am
Paul Stacom Law Office of Paul J. Stacom

Re: Divorce without consent & termination of alimony pendente lite?

If your husband is the one who initiated the divorce, he cannnot compel you to sign an Affidavit of Consent. He will have to wait for the two years to be up, unless he proceeds on other fault grounds. I would recommend that you maintain representation in this matter to respond to his aggressive counsel. Perhaps the court would award you interim attorneys fees. Please contact me if you wish to discuss further.

Read more
Answered on 9/21/05, 8:46 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania