Philadelphia, PA asked in Divorce and Family Law for Pennsylvania

Q: Submitted divorce papers back in October.. can’t get him to sign them. What are my next moves to finalize my divorce?

I mailed him a copy of the divorce packet to be filled out. He has not filled them out or sent them back. He claims he won’t sign them until he gets his dog back..and she is registered to me! He had until November 19th to get the papers returned so now I’d like to know what my next move should be?

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1 Lawyer Answer

A: We cannot answer this question. We do not know what Pennsylvania "divorce papers" or "divorce packet" the asker mailed to her spouse. There are several very different "packets" as well as different waiting periods.

Assuming the asker filed a 3301(c)(1) "packet," then the act of mailing that packet renders it a nullity because service of court papers by mail is jurisdictionally defective. The court cannot hear the action at all. Service must be "proper."

The cure typically included in a "packet" is an acceptance of service form which the other spouse must execute and return for filing. Without this, there is no jurisdiction, and the asker can wait forever and nothing will happen.

Once this is done, there is a waiting period before the asker can proceed in court with a divorce action. However, there may be more to tell.

The typical Pennsylvanian's mindset is to save money in this era of choking inflation and politicians associated with Epstein. With the idea that something "uncontested" sounds way less expensive, most Pennsylvanians will select the 3301(c)(1) "packet."

However, the spouse may have taken this packet to his attorney who told him not to return anything. A divorce is similar to a corporate break up where debts are liquidated and assets are split. This "dissolution" applies to the marital corporation, and both parties are entitled by law to a split of their assets. An unmarried couple has no such right to a split property division. No man in his right mind will simply submit to an "uncontested" divorce if the marriage yielded money and property.

Perhaps the asker must file a contested divorce under a different Pennsylvania provision. If this is true, then the asker must retain counsel as the obstacle course she faces will be insurmountable without an attorney.

There is nothing more to say.

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