2 Issues

[amd64a]

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

I was served with divorce papers in August 2010. I know by PA law, I have 2 years from that date as a "waiting period" in a contested divorce before I can be forced to sign the affidavit of consent. Then the process will move to settlement, and either I buy her out of the house or it is sold. I decided to use the full 2 years and save up to buy her out. The ex is not happy at all, and has tried every single possible method to force me to sell the home, AND force me to sign the affidavit of consent.

The judge so far has denied her motions to compel me to sell and sign, citing the statute for the waiting period. However, he will allow her lawyer to present "evidence" that I am using the 2 year waiting period as "revenge" against her, and if they demonstrate to his satisfaction that I am, he will compel me to sign the affidavit of consent and finalize the divorce.

If that doesn't work, she said she would take a job in Nevada, establish residency after 6 weeks, and file for divorce there, after paying the $350 or so to have the divorce complaint removed from the PA Protonothary. The divorce there could take as little as 2 weeks, and the Nevada judge could force a sale of the home immediately.

It was my understanding that barring felony domestic violence (which isn't the case at all here) that no person on Earth could force the signing of an affidavit of consent BEFORE the two year waiting period, under the PA divorce statutes.

And how could she move to Nevada and just get a divorce there, if there is already one in progress in PA?

 

[Ohiogal]

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

I was served with divorce papers in August 2010. I know by PA law, I have 2 years from that date as a "waiting period" in a contested divorce before I can be forced to sign the affidavit of consent. Then the process will move to settlement, and either I buy her out of the house or it is sold. I decided to use the full 2 years and save up to buy her out. The ex is not happy at all, and has tried every single possible method to force me to sell the home, AND force me to sign the affidavit of consent.

The judge so far has denied her motions to compel me to sell and sign, citing the statute for the waiting period. However, he will allow her lawyer to present "evidence" that I am using the 2 year waiting period as "revenge" against her, and if they demonstrate to his satisfaction that I am, he will compel me to sign the affidavit of consent and finalize the divorce.

If that doesn't work, she said she would take a job in Nevada, establish residency after 6 weeks, and file for divorce there, after paying the $350 or so to have the divorce complaint removed from the PA Protonothary. The divorce there could take as little as 2 weeks, and the Nevada judge could force a sale of the home immediately.

It was my understanding that barring felony domestic violence (which isn't the case at all here) that no person on Earth could force the signing of an affidavit of consent BEFORE the two year waiting period, under the PA divorce statutes.

And how could she move to Nevada and just get a divorce there, if there is already one in progress in PA?

She could dismiss the divorce in PA. What is your problem quite frankly? Why are you stalling?

 

[Proserpina]

She could dismiss the divorce in PA. What is your problem quite frankly? Why are you stalling?

Post hx.

 

[CJane]

She could dismiss the divorce in PA. What is your problem quite frankly? Why are you stalling?

But she still would have to become a resident of NV prior to filing for divorce there - and that's not going to happen in 6 weeks. OP could also fight against the dismissal in the current state since the other party is essentially forum shopping.

 

[mistoffolees]

But she still would have to become a resident of NV prior to filing for divorce there - and that's not going to happen in 6 weeks. OP could also fight against the dismissal in the current state since the other party is essentially forum shopping.

Actually, she WOULD be a resident of NV for divorce purposes in 6 weeks:

Nevada Divorce Source: Residency Requirements for Divorce: Nevada

Of course, that doesn't include the time to actually GET the divorce, but it's certainly enough to start the process. (I think NV has a very fast streamlined process for getting the divorce, as well, but I'm not sure how long it takes).

If stbx has a reason to go to NV, it's going to be hard to win a forum-shopping case. Not impossible, but difficult.

 

[LdiJ]

Actually, she WOULD be a resident of NV for divorce purposes in 6 weeks:

Nevada Divorce Source: Residency Requirements for Divorce: Nevada

Of course, that doesn't include the time to actually GET the divorce, but it's certainly enough to start the process. (I think NV has a very fast streamlined process for getting the divorce, as well, but I'm not sure how long it takes).

If stbx has a reason to go to NV, it's going to be hard to win a forum-shopping case. Not impossible, but difficult.

This wouldn't be a forum shopping case. If she establishes residency in NV she is entitled to file for divorce there.

However, if she dismisses the PA case, and he immediately refiles, (before she can file in NV) then he could get any case in NV dismissed based on the fact that there is already a case in place in PA. Whether or not he can do that depends on whether or not PA law allows a divorce action to be filed (even if they have to wait for two years for it to be finalized) or only allows a legal separation to be filed.

If all that has been filed is the legal separation, and that is all that is permitted to be filed, then she might not even have to dismiss the PA case.

He should probably talk to his attorney about this.

 

[Bali Hai]

She could dismiss the divorce in PA. What is your problem quite frankly? Why are you stalling?

"I decided to use the full 2 years and save up to buy her out."

If he is fully in compliance with PA law regarding the waiting period, HE doesn't have a problem, SHE does.

 

[Banned_Princess]

Seems to me, if she drops it, he can re file right away, and get another 2 years.

 

[TinkerBelleLuvr]

The problem is that she can get the divorce, but Nevada does NOT have jurisdiction over the OP, therefore, Nevada cannot order a sale of property that OP is part owner of.

 

[amd64a]

So it has been explained to me there is no "legal separation" in PA:

My ex filed for divorce and I was served the papers in August 2010. Two things can then happen:

1) after 90 days, BOTH parties can sign the affidavit of consent, we move to settlement and the house sells or I buy her out

2) After 90 days, only she signs the affidavit of consent, and 21 more months must elapse before I can be forced to sign, and then move to settlement.

My lawyer is on vacation for 10 days, and is unreachable. I just found out the other day from her that her lawyer was granted a hearing on compelling me to sign the affidavit of consent BEFORE the two year waiting period. I just wanted to find out to ease my mind that a Judge just cannot disregard the letter of the Law, especially when the Statute is so clear and explicit.

They are going to argue that me waiting the full two years is "revenge" designed to specifically hurt her, and make her unable to "move on" with her life and her new-found boyfriend.

And if that doesn't work, then I am assuming based on her last phone call to me, that she has an apartment lined up to move to in Nevada where her company has an office. It takes 6 weeks to establish residency in Nevada, and she can then immediately file for divorce. Based on my reading, Williams vs North Carolina ruled that the State where a divorce was filed first - that's the rules you have to go by.

I am guessing she wouldn't dismiss the PA divorce case until she is a Nevada resident, and can have her lawyer back here get the case dismissed, and have a process server get me with the Nevada divorce papers the same day.

She KNOWS where I live and work. I only know what CITY in Nevada her company is in, so it would be extremely difficult to file the new PA divorce and get her served before she has me served with the Nevada divorce.

My only option would be to "duck" service until I can get her served. Last time she used a private service agency, but I am guessing since so much hinges on this that she would use the Sheriff here. I thought I read somewhere that avoiding a process server is a crime ESPECIALLY if it is the county Sheriff?

She could dismiss the divorce in PA. What is your problem quite frankly? Why are you stalling?

I have a nice, big house, close to my work and perfect for my needs. I have put a ton of work into it, and quite frankly i love it. I see no reason to be forced out of my home. That's why I am using the waiting period to save up money.

 

[Bali Hai]

So it has been explained to me there is no "legal separation" in PA:

My ex filed for divorce and I was served the papers in August 2010. Two things can then happen:

1) after 90 days, BOTH parties can sign the affidavit of consent, we move to settlement and the house sells or I buy her out

2) After 90 days, only she signs the affidavit of consent, and 21 more months must elapse before I can be forced to sign, and then move to settlement.

My lawyer is on vacation for 10 days, and is unreachable. I just found out the other day from her that her lawyer was granted a hearing on compelling me to sign the affidavit of consent BEFORE the two year waiting period. I just wanted to find out to ease my mind that a Judge just cannot disregard the letter of the Law, especially when the Statute is so clear and explicit.

The judge sure can do that. It'll cost you about $10k to perfect the appeal.

They are going to argue that me waiting the full two years is "revenge" designed to specifically hurt her, and make her unable to "move on" with her life and her new-found boyfriend.

And if that doesn't work, then I am assuming based on her last phone call to me, that she has an apartment lined up to move to in Nevada where her company has an office. It takes 6 weeks to establish residency in Nevada, and she can then immediately file for divorce. Based on my reading, Williams vs North Carolina ruled that the State where a divorce was filed first - that's the rules you have to go by.

I am guessing she wouldn't dismiss the PA divorce case until she is a Nevada resident, and can have her lawyer back here get the case dismissed, and have a process server get me with the Nevada divorce papers the same day.

She KNOWS where I live and work. I only know what CITY in Nevada her company is in, so it would be extremely difficult to file the new PA divorce and get her served before she has me served with the Nevada divorce.

My only option would be to "duck" service until I can get her served. Last time she used a private service agency, but I am guessing since so much hinges on this that she would use the Sheriff here. I thought I read somewhere that avoiding a process server is a crime ESPECIALLY if it is the county Sheriff?



I have a nice, big house, close to my work and perfect for my needs. I have put a ton of work into it, and quite frankly i love it. I see no reason to be forced out of my home. That's why I am using the waiting period to save up money.

Both lawyers and the judge have enough money and legal experience to force a buyout. Plan on living at another address.

 

[Proserpina]

Frankly I think postponing what appears to be the inevitable is going to cost OP a lot more in the long run.

 

[amd64a]

So the Judge can just say "I don't like the statute as it's written. I am going to force you to sign the affidavit of consent, even when the Law says you don't have to. You are now divorced 18 months before the Law allows"

What basis could the Judge possibly disregard a plainly written statute that explicitly says 24 months absolutely must elapse between service of papers and forced consent to the divorce from the contesting party?

Is there a Law I am unaware of that gives a Judge that kind of power to ignore Statutes?


And I am right on track to have the required money saved up to buy out her equity by August 2012. Maybe sooner if possible. It's a shame I am grandfathered in under the old Pa divorce rules. Gov. Rendell signed a sweeping overhaul of the Family Code that severely limits Judges arbitrary powers like this, if they really do exist.

 

[Bali Hai]

So the Judge can just say "I don't like the statute as it's written. I am going to force you to sign the affidavit of consent, even when the Law says you don't have to. You are now divorced 18 months before the Law allows"

What basis could the Judge possibly disregard a plainly written statute that explicitly says 24 months absolutely must elapse between service of papers and forced consent to the divorce from the contesting party?

Is there a Law I am unaware of that gives a Judge that kind of power to ignore Statutes?


And I am right on track to have the required money saved up to buy out her equity by August 2012. Maybe sooner if possible. It's a shame I am grandfathered in under the old Pa divorce rules. Gov. Rendell signed a sweeping overhaul of the Family Code that severely limits Judges arbitrary powers like this, if they really do exist.

Judges make "mistakes". If you have enough money to correct that mistake, hopefully the higher court will agree with you.

 

[ecmst12]

So...rather then drag out the divorce and make her stay married for 2 years when she clearly wants to be divorced, why don't you come to an agreement where you get divorced and you then have 2 years from the date of the order to either buy her out or put the house on the market. You have the time you need, and she is free to move on with her life and marry her new boyfriend if she so chooses.