Legal Question in Family Law in Pennsylvania

My fiancee and I are looking to get married, in order to do so, she has to get a divorce from her ex-husband whom she has been legally separated from for a year. Can we file for the divorce now or do we have to wait even longer?


Asked on 7/17/11, 7:32 pm

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

There is no such thing as legal separation in PA. She can file for a divorce now. If the other side will consent to the divorce, there is a 90 day waiting period and you could have the divorce finalized somewhere around 4 months.

If the other party won't consent, then you will have to wait until two years from the date of separation before she will be able to finalize the divorce.

Also, all of the above is under the assumption that she nor him plans to make any claims for equitable distribution of property, alimony, attorney's fees, or other relief. If any financial claims are made by either party, then the process may take much longer.

I would suggest that she retain a lawyer to handle this as it is hard to provide accuate advice without knowing all of the facts.

This post is for educational purposes only and does not create an attorney-client relationship.

Read more
Answered on 7/17/11, 7:37 pm


Related Questions & Answers

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