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Amended Complaint in Divorce

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lookn4info

Junior Member
What is the name of your state (only U.S. law)? PA

Good morning all! Just wanted to discuss my latest court visit and challenge.

Backgournd:

My divorce was filed under Irretrievable Breakdown, Mutual Consent. We have been separated for nearly 3 years. My STBX has stalled, actually she and her attorney simply did nothing after the intial complaint was filed and the initial money matters (spousal support and child support) were worked out. They both ignored my request time and time again...

So once I started to work this divorce out on my own with help from the great folks on this site, the ball started rolling and what do you know...they wanted to talk.

Current:

The latest is them disputing the date they we separated. When STBX filed she stated the separation date as March 2007, now she is saying it was March 2008. The judge asked her attorney what was the point in this and does it matter being that the two year period has expired any how. He beat around the bush and never really answered. I refused to go with their new date out of fear that they were up to something...so now we will have a Master's hearing on it.

Yesterday I received the Amended Complaint, and going thought it, it states that STBX will plan to file for a decree after 90 days of the Amended Complaint date. To me this seems like we are starting from Square one. This is the same complaint I received a year ago and after the 90 days they went silent and ignored my request to move forward. If this is the case do I have to now wait 90 days to file another Praecipe to Transmit?

So far I filed everything to include the Praecipe to Transimt. They filed a Counted Affidavit, but not disputing the divorce, but to dispute the date of separation. To me this now seems like yet another stall tactic as it really makes no sense. One thing is for sure, I am very confused at this point on what my next move should be.
 


LdiJ

Senior Member
If they really are stalling for some reason, then you need to figure out why they are stalling. What benefit is she receiving now that will change once the divorce is final? Is alimony going to go down or go away when the divorce is final? Is she going to lose health insurance benefits and she has some major medical issue that needs to be addressed?..or could there be some completely different reason?

If you can figure out why, you may be able to figure out a way to stop the stalling.
 

Bali Hai

Senior Member
What is the name of your state (only U.S. law)? PA

Good morning all! Just wanted to discuss my latest court visit and challenge.

Backgournd:

My divorce was filed under Irretrievable Breakdown, Mutual Consent. We have been separated for nearly 3 years. My STBX has stalled, actually she and her attorney simply did nothing after the intial complaint was filed and the initial money matters (spousal support and child support) were worked out. They both ignored my request time and time again...

So once I started to work this divorce out on my own with help from the great folks on this site, the ball started rolling and what do you know...they wanted to talk.

Current:

The latest is them disputing the date they we separated. When STBX filed she stated the separation date as March 2007, now she is saying it was March 2008. The judge asked her attorney what was the point in this and does it matter being that the two year period has expired any how. He beat around the bush and never really answered. I refused to go with their new date out of fear that they were up to something...so now we will have a Master's hearing on it.

Yesterday I received the Amended Complaint, and going thought it, it states that STBX will plan to file for a decree after 90 days of the Amended Complaint date. To me this seems like we are starting from Square one. This is the same complaint I received a year ago and after the 90 days they went silent and ignored my request to move forward. If this is the case do I have to now wait 90 days to file another Praecipe to Transmit?

So far I filed everything to include the Praecipe to Transimt. They filed a Counted Affidavit, but not disputing the divorce, but to dispute the date of separation. To me this now seems like yet another stall tactic as it really makes no sense. One thing is for sure, I am very confused at this point on what my next move should be.
Perhaps she and her attorney believe that being just two years separated on her own instead of three will get her some additional alimony.
 

mistoffolees

Senior Member
So far I filed everything to include the Praecipe to Transimt. They filed a Counted Affidavit, but not disputing the divorce, but to dispute the date of separation. To me this now seems like yet another stall tactic as it really makes no sense. One thing is for sure, I am very confused at this point on what my next move should be.
That is why you really need an attorney.
 

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