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when is divorce officially final? (Family Law)

Fri, 18 Mar 2005 07:39:00 GMT
Tags: 91st, adams, county, divorce, family, final, fyibri, law, no-fault, officially, pabri, pro-se, state, uncontested, writing

What is the name of your state? PA
I'm writing from Adams County PA - FYI
I'm coming up on my 91st day of my uncontested, pro-se, no-fault divorce ... it is my understanding that on this 91st day, I need to take the following items to the prothonotary:
$15 filing fee
$12.75 fee for Order of Court
Parecipe to Transmit Record
Affidavit of Consent (2); one signed by me, one signed by stbx
Waiver of Notice of Intention to Request Entry of a Divorce Decree signed by both
Vital Record form
Notice of Entry of Final Decree (original and one copy)
and 2 stamped self-addressed envelopes
These are my questions:
when I originally filed the intitial complaint for divorce with the prothonotary, I never heard a peep from the court ... Is this OK?!? Am I to assume that all is still ok to enter final decree?
Is anyone aware of anything else I'll need besides what is listed above?
Should I also "file" or include our (self-)prepared Separation and Property Settlement Agreement, along with our (self-)prepared Custody Agreement and Parenting Plan? Or do we just keep this between ourselves?
Do we need to wait to sign those last two agreements in front of a Notary? And can this be done at the Prothonotary's office?
:grin: AND, most importantly, when will we be officially divorced? Is it at the time the papers are filed (on that 91st day?) or do we have to wait to receive the actual divorce decree? (and how long will that take?) It seems as though we won't even have to go before a judge ... can this be so?
and, lastly, even though we have managed to agree on everything AT THIS TIME, once this divorce is FINAL ... what kind of things will I have to worry about her threatening me with the first time she gets p.o.'d with me? Am I protected by these agreements? They are, I believe, very fair, thorough & comprehensive.
Thanks in advance for your help! This forum has been a life-saver for me!
Grif

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  • Sat, 19 Mar 2005 08:45:00 GMT(1)
  • what I've learned is that once we've both signed the proper paperwork, in front of a notary at the prothonotary's office, they send it up to the judge at that time. if the judge finds that all is acceptable, he/she signs the decree and sends it back down to the prothonotary's office, who then mails it out to us. we won't know exactly when it is official, as stealth2 indicated, since we won't witness the judge giving out his John Hand**. but the clerk told me the entire turnaround time from filing to mailing decree usually happens in 1 - 2 days. (yea!) she also indicated that if there was any problem with the paperwork or if the judge wasn't satisfied with the agreement(s) that he/she would call me pretty quickly.
    cindergretta: it is my understanding (but don't quote me, please) that if one party won't sign, you may be stuck waiting it out for the two-year period of a fault-divorce. after two years, you can then divorce without the other's signature. there may be another recourse that I don't know about ...
    thanks for your responses and hopes this helps ...
  • Fri, 18 Mar 2005 08:46:00 GMT(2)
  • to add another question to the op's question..but at what point does the judge sign on the dotted line? is that after both parties sign the divorce papers? i thought that both parties had to sign the divorce papers and then if one woundn't sign like after 6 months then the judge would sign for that person?
  • Fri, 18 Mar 2005 07:57:00 GMT(3)
  • The divorce will be final when the judge signs on the dotted line. You need to include anything that you want included as a part of the final, enforceable order.
    As for what she can do? She can file for modifications of custody/visitation or support, for starters.
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