Legal Question in Family Law in Pennsylvania

First, I have an attorney -- but I need a second opinion. My spouse (plaintiff) filed for divorce 2 1/2 years ago. She filed for a no fault divorce with three counts (division of assets, request for attorney fees, and alimony). She has never proceeded with any other filings since the initial complaint. In her complaint, she indicated that she would file an inventory, etc. with the Master within 60 days. That never happened. Fast forward to today. I want this resolved. I served her with the affidavit under 3301(d), filed everything with the courthouse, sent counter affidavit, intent to file the praecipe, etc. I have waited another 60 days -- no response from her. Now, my attorney says that I can't file the praecipe to transmit record and file the divorce decree because of these outstanding "counts" that are part of the original filing. She won't withdraw the counts, she won't sign the counter affidavit, she won't do anything. She won't retain an attorney, she won't pay the filing fees to move things to a Master of Divorce. As far as I'm concerned, I just want to walk away from this after 2 1/2 years. How do I get out of this legal limbo, where the party who FILED refuses to do anything? I feel very trapped by this woman and I just want a divorce. Has she found a loophole in the PA legal system that will keep me married to her forever? Can I file the praecipe despite the counts? Can I ask the court to dismiss and file in my home state (Maryland)? HELP! PLEASE!!! I'm tired of spending money on all of this with my attorney to just keep moving around in circles. The system doesn't seem to protect the defendent in any situation regarding divorce. Thank you.

Asked on 3/30/16, 6:13 am

John Davidson Law Office of John A. Davidson

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You need to file for a divorce master and have them go through a hearing on all her claims.

{John}

Answered on 3/30/16, 6:19 am

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