Bifurcation

[jusliloleme]

Pennsylvania
My husband filed for a no-fault divorce in June of 2003. It will be 2 years this June and we still have not been granted a divorce. He does not want me to get any of his pension from work. He worked for a company for 30+ years and I was married to him for 24 of those years and am entitled to a portion of that pension. I am currently without health insurance and want to remarry.
My attorney has been dragging his heels and has gotten me NO WHERE. He wants me to wait till it is 2 years before signing papers. WHY? I don't know. Do I need to wait a full 2 years?

How long do I need to wait to get bifurcation, and how do I go about obtaining this process?

 

[cyana24]

Possible reason for waiting a full two years from www.divorcesource.com:

LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) Irretrievable breakdown of the marriage with the spouses living separate and apart without cohabitation for 2 years or (2) irretrievable breakdown of the marriage and the spouses have both filed affidavits that they consent to the divorce. In the case of no-fault ground (1), the court may delay the case for 90 to 120 days if it appears that there is a reasonable chance for reconciliation. In the case of no-fault ground (2), 90 days must elapse after the filing for divorce before the court will grant a divorce. [Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3301].

Has your attorney explained this statute to you? Or did you both sign affadavits agreeing to the divorce (2) which could hasten the divorce process? Have you previously be covered under your husband's health insurance and he removed you without the court's permission?

 

[1roper4me]

re: a BIFERCATION

Hello, live in Calif "Unsure of your State Law"

My now husband was forced into a bifer cuz his ex was prego from another man, she REFUSED to sign anything and went into default. that was in 1999. PLEASE KNOW THIS!!!! Ever since she has hounded him for one reason or another, due to the MARITAL SETTLEMNT AGREEMENT, that BOTH of you will need to have and agree to. There is one online as an example sheet of what is listed on them (ie, property; he get his car, you get yours, retirement ,spousel support , etc) If your attorney is lame by this time you should be able to do this action by yourself or a good paralegal and fire attorney or ask HIM why he wants and IS waiting in a letter!!! Letters are important in this issue. If hes lying to you , thats false reprisantation.
Now Last monday, his ex, just filed their Marital Sttlemnt Agreement cuz she so happed to lose it, ?. We thought it was all over in 99, it wasnt. Monday, she sued for a bill she had "hidden" from the MSA of $10k and she won. Our attorney was lame but did say this type of thing happens all the time. SO my advice to you is; if you are entitled to his pension and after all why wouldnt you be, then make sure that is written on the MSA!!! You can still get an bifer but the settlement of property and the rest, is still open until BOTH of you sign it, which could start a fight. Like I said, our attorney was lame. BUT there is no reason to wait this long. If you arent legally seperated on paper, his debts AT THIS TIME could POSSIBLE be yours too and visa versa. Make sure you place the date of seperation (back from 2-3 years ago whenever it was)on the bifer that MEANS at LOT to the Court and your MSA. I hope this helps it has been a nightmare for me and my huz, dont let it go that far for you. MAKE SURE he gives you an asset and obligation sheet and you give him one too, that HAVE to show he has a pension at the time of seperation, Grab that Pension!!! A