Q: How long do you have to appeal a divorce if you were forced under durress & under the influence knowingly by ex&lawyer?

A: This response is for informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please consult with a qualified attorney in Pennsylvania.

In Pennsylvania, appealing a divorce decree and challenging a marriage as void or voidable are distinct legal processes, each with its own legal standards and timeframes. Here’s a breakdown of how these processes differ based on the details you provided:

Appealing a Divorce:

Under Pennsylvania law, you generally have 30 days from the entry of the final divorce decree to file a notice of appeal (Pa. R.A.P. 903). Missing this deadline typically results in the forfeiture of your right to appeal.

An appeal challenges the legal proceedings or decisions leading to the divorce decree. If you believe your consent to the divorce was obtained through duress or undue influence (such as being coerced or under the influence), an appeal could argue that the court improperly relied on a consent agreement that was not valid. The appellate court will review the record for legal errors made by the trial court, but it generally does not accept new evidence.

An appeal does not typically reopen the entire case. Instead, it focuses on legal mistakes or procedural errors. For claims of duress or undue influence, you may need to file a motion to vacate or modify the decree at the trial court level as part of your initial steps.

Challenging a Marriage as Void or Voidable:

Challenging the validity of the marriage itself is a different legal matter, and this process is not constrained by the 30-day appeal deadline for a divorce decree. The distinction between "void" and "voidable" marriages is key:

Void Marriages

A void marriage is invalid from the start (e.g., bigamy or incest). These marriages can be challenged at any time by either party or, in some cases, by third parties.

There is no specific statute of limitations for declaring a marriage void, as the marriage is treated as never having legally existed.

Voidable Marriages

A voidable marriage is legally valid until it is annulled. Grounds for voidable marriages include duress, fraud, mental incapacity, or being under the influence during consent to the marriage.

Challenges to a voidable marriage generally must be brought within a reasonable time, typically tied to the discovery of the issue (e.g., realizing the consent was coerced). Pennsylvania law allows these challenges to be filed by one of the parties, but time limits can vary based on the grounds.

Duress and Consent Issues:

If you were coerced into entering the marriage or lacked the capacity to give informed consent (e.g., due to being under the influence), the marriage might be voidable. Courts will consider the evidence of coercion or incapacity and the timeliness of your challenge.

If you believe your consent was invalid due to duress or being under the influence, you have two potential avenues:

Appeal the Divorce Decree: To do this you would file a notice of appeal within 30 days, arguing that the court relied on an invalid agreement.

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Challenge the Marriage: If the marriage itself was entered into under duress or incapacity, consult an attorney about filing an annulment action to declare the marriage voidable.

Both processes require compelling evidence, such as witness testimony, documentation, or medical records, to support your claims.