Legal Question in Family Law in Pennsylvania

Could i ask my lawer to put a hold on my wife divoce.


Asked on 8/01/10, 3:30 pm

1 Answer from Attorneys

Since you havev a lawyer, it is not ethical for me to intervene in the existing attorney client relationship. You attorney has access to the facts; I don't. It is unfair to your attorney to put me in the position of second guessing him or her. You need to discuss the reasons for any delay with him or her and see what can or cannot be done.

I also do not understand the question. If both parties consent to the divorce, it can be accomplished in 90 days. If you do not consent, then you have to live separate and apart for 2 years (assuming that divorce is not sought on any fault grounds). The only way to put a hold on the divorce is if the court finds that here is a prospect for reconciliation. The court can postpone the divorce in such case under 23 Pa.C.S.A. � 3301(d)(:

(1) The court may grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken and the defendant either:

(i) Does not deny the allegations set forth in the affidavit.

(ii) Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken.

(2) If a hearing has been held pursuant to paragraph (1)(ii) and the court determines that there is a reasonable prospect of reconciliation, then the court shall continue the matter for a period not less than 90 days nor more than 120 days unless the parties agree to a period in excess of 120 days. During this period, the court shall require counseling as provided in section 3302 (relating to counseling). If the parties have not reconciled at the expiration of the time period and one party states under oath that the marriage is irretrievably broken, the court shall determine whether the marriage is irretrievably broken. If the court determines that the marriage is irretrievably broken, the court shall grant the divorce. Otherwise, the court shall deny the divorce.

And I am not sure what you are trying to accomplish. Even if the divorce is granted, the divorce action can be bifurcated (separated) from any related claims, like division of your marital assets. If the marriage is irretrievably broken, there is no reason to put a hold on the divorce unless there is a reasonable prospect for reconciliation.

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Answered on 8/06/10, 9:31 pm


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