Divorce, do nothing ??

[mike13]

What is the name of your state (only U.S. law)? Pa.
I was told that of my wife files for divorce, I could do absolutely nothing for three years, and then after the three years were up, the court would step in and divide the assets appropriately. Is that true ???

[IsabellaSoriano]

Originally Posted by mike13

What is the name of your state (only U.S. law)? Pa.
I was told that of my wife files for divorce, I could do absolutely nothing for three years, and then after the three years were up, the court would step in and divide the assets appropriately. Is that true ???

if your wife files for divorce and you do nothing, wife may get everything she asks for if you do not contest to it according to the time alloted by the court.

[MominCarolina]

The courts will divide the marital assets more appropriately if you're there. Are you fearing something?

[Proserpina]

Originally Posted by mike13

What is the name of your state (only U.S. law)? Pa.
I was told that of my wife files for divorce, I could do absolutely nothing for three years, and then after the three years were up, the court would step in and divide the assets appropriately. Is that true ???

Mike, I've read a couple of your other posts - you really, really don't want to just sit and do nothing if your wife does file for divorce.

You need to speak with an attorney. Seriously! If your wife files and asks for say...70% of everything and you don't answer/don't respond, she could very well get what she asks for. In your case, this would NOT be good for you!

[mike13]

I was not exactly going to do nothing. I guess I should have said 'I was going to do everything I could to stall for three years", and then settle for a 50/50 split.

[LdiJ]

Originally Posted by mike13

I was not exactly going to do nothing. I guess I should have said 'I was going to do everything I could to stall for three years", and then settle for a 50/50 split.

I just reviewed your past threads as well. You have made a lot of strategic errors in things you have done in the past, specifically because you have not obtained valid legal advice before doing things.

I cannot imagine what difference you think three years will make, but PLEASE get a consult with a local attorney before making any more decisions.

[mistoffolees]

Originally Posted by mike13

I was not exactly going to do nothing. I guess I should have said 'I was going to do everything I could to stall for three years", and then settle for a 50/50 split.

Aside from the ethics of intentionally stalling for 3 more years, that's not a good idea for numerous reasons:

1. You'll have much higher legal expenses from paying for delaying tactics.
2. If you're to egregious about it, you could end up paying stbx's legal fees, as well.
3. You'll have 3 more years of marriage. If you are the higher income spouse, that could significantly increase the amount of alimony you pay.
4. That's 3 years longer to get started with your new life.

It's a lousy strategy, anyway. If you want a 50:50 split, just ask for it. If ex refuses to cooperate, ask the judge to rule on it. Unless there are some extenuating circumstances, you'll get 50:50, so why play games to get there?

[Proserpina]

Originally Posted by mike13

I was not exactly going to do nothing. I guess I should have said 'I was going to do everything I could to stall for three years", and then settle for a 50/50 split.

Not sure why you'd do this, but ok....

Deliberately trying to circumvent the natural progression in PA (which is no-fault remember - and I'm not implying that you're planning on doing so, k?) - I'm going to guess that because of what is potentially at stake your wife will get herself a decent lawyer - could seriously turn around and bite you very hard right where it hurts. But even without that, you can't stall for long.

2. Can either spouse prevent the entry of a divorce decree?

In some situations, the spouse that does not consent to the entry of a divorce decree can stall the entry of the decree for up to two years from the date of separation of the parties. However, after the expiration of two years from the date of separation, either spouse can proceed to obtain the divorce decree.

(from [url=http://www.ebennettlaw.com/CM/Custom/FAQ.asp]FAQ - Law Firm Bennett & Associates Attorneys Wayne, Pennsylvania[/url])

I'm not sure what you'd hope to gain by stalling.

[mike13]

Thanks everyone for your advice. I was just thinking / writing out loud.

[Proserpina]

Hey, that's a critical part of getting through any legal process in one piece