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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have been separated 2 years and my spouse is a non

Customer Question

Hello I have been separated for almost 2 years and my spouse is a non immigrant . My issue is he will not sign divorce papers and have threatened to go back to Zambia in order to avoid signing. How can I proceed without his signature?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, in what state did you file for divorce?

Customer: replied 1 year ago.
It will be in Pa
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

I happen to practice in PA which is most helpful in this case. PA has a legal right for ALL parties to obtain a divorce, even if one party is refusing to sign (while some states force you to wait, PA specifically has codes in place stating that if you filed and have waited for more than 2 years, you can file for a 'default divorce' petition where the courts will grant you a divorce even if the other person is refusing to sign off). In this case even if he leaves, once you are beyond that 2 year point, you can still file, on your own, and seek a dissolution of marriage even if he is still holding out on you.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
I can file in Pittsburgh, Pa. today and wait the additional 99 days for the final decree WITHOUT his signature? We have been separated almost 2 years next month.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

You need to file AFTER two years, not before. And once you are beyond 2 years, you can indeed file for a final decree without his signature.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Can I file thise forms myself using Dashdivorce.Com or do you recommend an attorney? No children,debts nor property to split. I don't want spousal support either, just want a divorce. So I must wait until November to file.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hello,

For a default divorce I would suggest using an attorney--I cannot confirm what forms that site has that you are listing so I cannot tell you if their information is complete. As far as the two year deadline, that is based on filing, NOT on separation. In other words, if you already filed for divorce, you can wait two years and then seek a final resolution, but if you haven't filed yet, then he can hold off signing for up to two years before you are able to obtain a default divorce from the courts.

Sincerely,

Dimitry, Esq.

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