If I filed for a divorce through the courthouse but my spouse didn’t sign or send back the paperwork and it’s been 2 months, what is my next step?

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If I filed for a divorce through the courthouse but my spouse didn’t sign or send back the paperwork and it’s been 2 months, what is my next step?

I don’t have a lot of money, so I’m trying not to hire a lawyer.

Asked on April 20, 2012 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Can you at least pay for a consultation with an attorney? The issue becomes if your spouse was properly served with the papers.  If she was under the law in your state then an affidavit of service needs to be filed along with a motion for default - failure to answer the petition with in the time prescribed by law - and a request for the court to issue you a divorce based upon the default.  This is all subject to the law in your state.  Many states will not allow a judge to divide marital assets in a default divorce.  Only sever the ties that bind.  Good luck.


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