Years? At this point he agrees the marriage is over. I have stayed in the house because we have 2 children together whom I refuse to 'abandon', plus were in pa, where his family is, and my family is in nj-leaving me no place to really go with my kids who are 2 and 7. Are can I file for divorce and get it over with or do we have to wait a certain period of time, in Pa? I realize different states have different laws regarding this. Thanks in advance for your help. Can anyone personally recommend a 'shark' of an Atty. For me being he is nasty and will play DIRTY!?
In Pennsylvania, separation occurs when you and your spouse undertake a “complete cessation of any and all cohabitation, whether living in the same residence or not.” 23 Pa.C.S. § 3103. “Cohabitation” is defined as “the mutual assumption of those rights and duties attendant to the relationship of husband and wife.” Thomas v. Thomas, 483 A.2d 945 (Pa.Super. 1984). If you have slept in separate rooms and ceased relations, you are likely separated, but a court may inquire into other dynamics of your relationship, IF your spouse disputes the fact that you've been separated at least two years.
To obtain a divorce in Pennsylvania, you can get a no-fault divorce if you are both in agreement or, if one of you resists the divorce, after you have been separated for at least two years. If we assume that you've been separated for two years and your husband does not dispute this fact, then you can proceed rather quickly through the divorce proceeding. Please note, however, that if you plan on raising property or custody issues with the court then the divorce will not finalized until these matters are settled.
Divorce comes in two versions in PA - fault and no-fault. No-fault is the quickest, easist and less complicated process which can be completed within 90 days after services of the divorce complaint is made. There several fault based grounds for divorce, but you have not submitted enough facts to inform what one is best, if any, for you.
You can file for custody in PA if you reside in PA for 6 months. Consult with and retain an attorney.
