2 Issues

[Bali Hai]

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.

That sounds very reasonable, unless she wants her half of the house value in her hot little hands NOW!

That's more than likely the reality.

 

[ecmst12]

Well, if she WON'T agree to the plan I suggested, then that will shoot a huge hole right through her argument that all she wants is to be divorced and OP is being vindictive by waiting.

 

[Bali Hai]

Well, if she WON'T agree to the plan I suggested, then that will shoot a huge hole right through her argument that all she wants is to be divorced and OP is being vindictive by waiting.

Don't worry about that, the judge will ignore it.

 

[amd64a]

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

The lawyer I have now is not charging me (within reason). He is a close family friend, retired, and owes us pretty big favor. He agreed to take care of the paperwork and respond to her absurd demands. He used to work in corporate and Pharmaceutical litigation, and can write ridiculously long, long responses that can take an entire legal team a week to go through.

He also said he wouldn't mind appealing and going to a Federal Court under the "Due Process" Clause if the Judge plainly disregards the Law and Statute because I will be denied equal protection. Or he may file a civil rights violation with the Justice Department. Either way he said it would be "interesting" for him and something totally different.

I am gathering that will severely tick off the Family Court Judge though, as I am seeing how drunk with power they seem to be and don't like to be told they are wrong.

My only issue with this route is that I am not paying for him. He warned me should my Ex find out, she would likely file paperwork to compel me to pay for half her lawyer, OR claim the fair value of my free legal services in the final settlement. Our last response to her "offer" took about 6-7 legal hours to read, process, and respond to. That cost her a ton of money.

What I am worried about is showing up to Court one day, the Judge signing the affidavit of consent FOR me, and finalizing a "settlement" and forcing me from the home in direct and complete violation of PA Law. It would still be near impossible to get back into my house even with a PA appeals court or Federal Court order that he was wrong.

 

[Ohiogal]

The lawyer I have now is not charging me (within reason). He is a close family friend, retired, and owes us pretty big favor. He agreed to take care of the paperwork and respond to her absurd demands. He used to work in corporate and Pharmaceutical litigation, and can write ridiculously long, long responses that can take an entire legal team a week to go through.

Which can get him sanctioned for frivolous filings or other things under Rule 11. But if he wants to pay the sanctions and face contempt of court, more power to him.

He also said he wouldn't mind appealing and going to a Federal Court under the "Due Process" Clause if the Judge plainly disregards the Law and Statute because I will be denied equal protection. Or he may file a civil rights violation with the Justice Department. Either way he said it would be "interesting" for him and something totally different.

Civil rights violation because of a divorce? Something totally different appears to be something that he has NO CLUE ABOUT.

I am gathering that will severely tick off the Family Court Judge though, as I am seeing how drunk with power they seem to be and don't like to be told they are wrong.

Mirror. Look in it.

My only issue with this route is that I am not paying for him. He warned me should my Ex find out, she would likely file paperwork to compel me to pay for half her lawyer, OR claim the fair value of my free legal services in the final settlement. Our last response to her "offer" took about 6-7 legal hours to read, process, and respond to. That cost her a ton of money.

Really? 6-7 legal hours? I could guess that is because your attorney is NOT familiar with the law. How did it cost her a ton of money if it was you and your attorney's time? How do you know she spent that much time with her attorney? And your ex could do either of those...

And quite frankly there is an easy way around all of this without being stupid. It is so damn simple that YOUR attorney could have told how to prevent Nevada from getting jurisdiction IF he had a clue.

Would you like to know? Oh yeah, file a countercomplaint for divorce because while she can dismiss her complaint she cannot dismiss your properly filed and pled countercomplaint.Of course at this juncture you would need leave of the court to file such.

Actually you need an attorney with a clue. Pharaceutical litigation? Yeah, that relates.


What I am worried about is showing up to Court one day, the Judge signing the affidavit of consent FOR me, and finalizing a "settlement" and forcing me from the home in direct and complete violation of PA Law. It would still be near impossible to get back into my house even with a PA appeals court or Federal Court order that he was wrong.[/QUOTE]

 

[Ohiogal]

3301 Grounds for divorce


(a) Fault.--The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has:

(1) Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years.

(2) Committed adultery.

(3) By cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse.

(4) Knowingly entered into a bigamous marriage while a former marriage is still subsisting.

(5) Been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime.

(6) Offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome.

(b) Institutionalization.--The court may grant a divorce from a spouse upon the ground that insanity or serious mental disorder has resulted in confinement in a mental institution for at least 18 months immediately before the commencement of an action under this part and where there is no reasonable prospect that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement of the action. A presumption that no prospect of discharge exists shall be established by a certificate of the superintendent of the institution to that effect and which includes a supporting statement of a treating physician.

(c) Mutual consent.--The court may grant a divorce where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of commencement of an action under this part and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce.

(d) Irretrievable breakdown.--

(1) The court may grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken and the defendant either:

(i) Does not deny the allegations set forth in the affidavit.

(ii) Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken.

(2) If a hearing has been held pursuant to paragraph (1)(ii) and the court determines that there is a reasonable prospect of reconciliation, then the court shall continue the matter for a period not less than 90 days nor more than 120 days unless the parties agree to a period in excess of 120 days. During this period, the court shall require counseling as provided in section 3302 (relating to counseling). If the parties have not reconciled at the expiration of the time period and one party states under oath that the marriage is irretrievably broken, the court shall determine whether the marriage is irretrievably broken. If the court determines that the marriage is irretrievably broken, the court shall grant the divorce. Otherwise, the court shall deny the divorce.

(e) No hearing required in certain cases.--If grounds for divorce alleged in the complaint or counterclaim are established under subsection (c) or (d), the court shall grant a divorce without requiring a hearing on any other grounds.

History. 1990, Dec. 19, P.L. 1240, No. 206, § 2, effective in 90 days.

Now I have read the divorce code... and I have questions...

 

[Ohiogal]

So she filed on irretrievably broken marriage, right? A mutual consent divorce is one thing but a divorce on grounds of irretrievable breakdown is another. Two different no-fault grounds.

c) Mutual consent.--The court may grant a divorce where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of commencement of an action under this part and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce.

(d) Irretrievable breakdown.--

(1) The court may grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken and the defendant either:(i) Does not deny the allegations set forth in the affidavit.

(ii) Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken.

(2) If a hearing has been held pursuant to paragraph (1)(ii) and the court determines that there is a reasonable prospect of reconciliation, then the court shall continue the matter for a period not less than 90 days nor more than 120 days unless the parties agree to a period in excess of 120 days. During this period, the court shall require counseling as provided in section 3302 (relating to counseling). If the parties have not reconciled at the expiration of the time period and one party states under oath that the marriage is irretrievably broken, the court shall determine whether the marriage is irretrievably broken. If the court determines that the marriage is irretrievably broken, the court shall grant the divorce. Otherwise, the court shall deny the divorce.

Under (d) the parties would have had to live and separate and aprt for two years BEFORE filing. She could not have filed a divorce under (c) unless he consented at the time of filing.

Though she could amend her complaint to state that this is a fault divorce under 3301a(6).

 

[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?

A CONSENT is not necessary in every divorce quite frankly. There are other grounds for fault.

 

[Ohiogal]

One other thing I want to add -- if you signed the legal separation and everything else for a CONSENT divorce and are just refusing to sign the one piece of paper to allow divorce to be declared then you could find yourself in a world of hurt because you are acting vindictively. the separation agreement could have been written to allow you the two years to buy out the home.