Q: I file a PFA against my legal spouse, can I call him to tell him he needs to sign the divorce papers?
A: You cannot force him to sign his consent to obtain a divorce decree. If you do not think he is going to consent to a divorce, you would proceed with a 3301(d) (i.e., contested) divorce.
Depending on the date of your separation, there is either a one or two year waiting period to enter a divorce decree. Although a divorce decree will not automatically be entered at the end of the required waiting period, the moving party is not required to obtain their spouse's signature to complete the 3301(d) divorce.
Please feel free to read my blog on the 3301(d) divorce process.
Lisa Marie Vari, Esquire
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