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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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90 day wait is over, my spouse sign the acceptance paper but

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90 day wait is over, my spouse sign the acceptance paper but has not signed the settlement papers. Can I still file the affidavit of consent? He did not contest anything. (PA) I also have a PFA on him.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

Can I still file the affidavit of consent?

The answer is yes, provided that the consent affidavit has the following verbiage (or something like it):

"I consent to the entry of a final decree in divorce."

If so, then there is no need for him to sign the actual settlement papers (and by this, I believe you mean the final decree) since he he has already stated in his consent that he does not oppose a final decree being filed. I am assuming his affidavit of consent includes this verbiage, and as such, then it may be filed along with a copy of the proposed divorce decree even if not signed by him.

You see, this affidavit is a "waiver" that states that he waives his rights to be served, to sign, etc. So if the affidavit states that he consents for the divorce to happen without him, then technically, his signature on the divorce decree is not necessary.

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Customer: replied 4 years ago.

He actually signed two papers when I had him served, the affidavit of consent and the acceptance of service. I have not requested alimony or child support from him. I would have a difficult time finding him at this point, plus he still scares me!


 


If he did not date the forms but I have the notary page with those two forms listed above it should be okay then.


 


Feeling a little bit relieved. Just want this divorce over with! Thank you!!!

J,

Thank you for your follow up.

He actually signed two papers when I had him served, the affidavit of consent and the acceptance of service.

The acceptance of service shows that he has been served. The affidavit of consent is your golden ticket - check it to make sure that the verbiage shows that he basically waives everything from that date. Likely, it is a "blanket" waiver and if so, then his signature should not longer be required on anything else.

If he did not date the forms but I have the notary page with those two forms listed above it should be okay then.

Provided that the notary signed correctly, it should be okay, although some Judges are sticklers for details. Nonetheless, it is certainty worth a try.

Feeling a little bit relieved. Just want this divorce over with! Thank you!!!

My pleasure.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 4 years ago.

I am going to go to the prothonotary office tomorrow and turn in those forms. Hopefully it goes through without a hitch! Thank you so much for your help! I appreciate it!

You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.

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