how long does it take?

What is the name of your state? PA

My soon to be ex-husband left me and my two kids over 2 years ago. He will not divorce me. He will not give me a settlement or tell me what he wants on paper. His lawyer, won't even contact my lawyer. How long do I have to wait just to be divorced? or does the settlement have to be settled first. he still tells people we are married, not that we are seperated for anything. he hasn't been in the house for 2 years. help me

[VG1013]

Originally posted by pagirl
What is the name of your state? PA

My soon to be ex-husband left me and my two kids over 2 years ago. He will not divorce me. He will not give me a settlement or tell me what he wants on paper. His lawyer, won't even contact my lawyer. How long do I have to wait just to be divorced? or does the settlement have to be settled first. he still tells people we are married, not that we are seperated for anything. he hasn't been in the house for 2 years. help me

~~~." In Pennsylvania, there is no such legal status as being "legally separated." So if your husband has left the marital home and hasn't lived there for 2 yrs there should be no problem getting a divorce. "No fault" divorce is where the spouse suing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces regardless of who is at "fault."

To get a "no fault" divorce, one spouse must simply state a reason recognized by the state. In PA.. it's enough to declare that the couple cannot get along ( "incompatibility," "irreconcilable differences," or "irremediable breakdown of the marriage").
Also in PA, the couple must live apart for over a year in order to obtain a no fault divorce.
A "fault" divorce may be granted when the proper grounds for divorce are present and at least one spouse files for it, and one of the grounds are "desertion", which is what you are saying in your post.

If he does not agree to the divorce, or is not willing to make a settlement, then this is a "contested"divorce, which is what he is doing right now, and can take over a year. But the law in PA says...one spouse cannot stop a no fault divorce. Objecting to the other spouse's request for divorce is itself an "irreconcilable difference" that would justify the divorce.
A spouse CAN prevent a "fault divorce", by convincing the court that he or she is not at fault. Which your husband cannot do because he abandoned you and left the marital home. And If your husband decides to leave town in order to flee the summons there are measures that can be taken to get the divorce proceedings rolling. Pennsylvania is an "equitable distribution" state, it is common for a divorcing couple to decide about dividing their property and debts themselves, rather than leave it to the judge. But if a couple cannot agree, they can submit their property dispute to the court, which will use state law to divide the property. I don't understand what is holding up your divorce, you should speak to your lawyer and start with the proceedings if this is what you want.