If I signed divorce papers and returned them within the allotted time, how long doesmy spousehave to actually file them?

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If I signed divorce papers and returned them within the allotted time, how long doesmy spousehave to actually file them?

My wife left me and filed for divorce. It’s been about a year since I turned the papers into her and nothing has happened.

Asked on January 20, 2011 under Family Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well your divorce can be granted without her response. In Pennsylvania, depending on where she lives, she has 30, 60 or 90 days to respond to your request for divorce.  If she fails to do so, you need to show she was given notice. This is generally known as proper service of process in civil litigation terms. Once you show she knew because she was properly served and she failed to respond in a timely manner, the divorce should be granted without her presence.  Whether you get what you ask for will depend on the court and of course, issues of justice.


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