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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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My mom needs to divorce my father. Se is 70 and he is 72. there

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My mom needs to divorce my father. Se is 70 and he is 72. there are a few concerns. 1) she has no money. This is why she needs to divorce sh she can securely have half of his pension and not have to worry that he spent it all and they can't pay the bills! 2) he won't consent to a divorce. She currently resides in Montgomery County PA and he is in a correctional facility in Philadelphia awaiting trial. We (my brothers and I) had directed my mom to legal aid, but they can only handle "no-fault" divorces. What can we do?
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I am very sorry to hear of her situation. Is there any way that the children can come up with enough to retain an attorney for her. Since he is incarcerated that is the best route to be sure that he is properly served and then he will also have to be transported to court for the hearing. These are difficult to do if you are not familiar with the process. I always hate to just say retain an attorney but in this situation it appears to be necessary to be sure everything is handled properly since there will also have to be a Qualified Domestic Relations Order drafted for the pension. Those are a legal specialty and should never be done without professional assistance.

Unilateral (also known as “irretrievable breakdown”) no-fault divorce is available if one of the spouses will not consent to the divorce but the parties have been living separate and apart (defined by the statute as “complete cessation of any and all cohabitation, whether living in the same residence or not”) for at least 2 years and the marriage is irretrievably broken. You may file for the divorce before you have lived separate and apart for the 2 year waiting period but you cannot get the divorce until the 2 year period is over. There may be disagreement between you and your spouse about when you started living separate and apart. It is important to try to get some legal advice on this issue.

See
http://fjd.phila.gov/pdf/brochures/dr/divorce-brochure.pdf

for more information on how to obtain a divorce.
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