I don't think you are going to have to worry about needing an attorney any time soon. Here's why:
What are the grounds for divorce in Pennsylvania?
A divorce may be granted in Pennsylvania using either "Fault" or "No-Fault" grounds.
Fault grounds include: (1) adultery; (2) bigamy; (3) imprisonment for two or more years; (4) confinement for incurable insanity for 18 months; (5) willful desertion for one year; (6) cruel and inhuman treatment endangering the life of the spouse; (7) personal indignities.
No-Fault grounds include:
(1) Irretrievable breakdown of the marriage with the spouses living separate and apart without cohabitation for two years; (he can't even file yet) (2) irretrievable breakdown of the marriage and the spouses have both filed affidavits they consent to the divorce, and 90 days have elapsed from the date of filing. "Separate and apart" means complete cessation of any and all cohabitation, whether living in the same residence or not.
Of these, the "No-Fault" grounds are the most straightforward and easiest to prove.
Definition of terms
In the legal divorce process, the following terms are used to describe the parties involved.
~The spouse starting the divorce is known as the Petitioner
~The document filed in court is know as the Petition
~The spouse being divorced is known as the Respondent
~The answer to the Petition is the Response
~Orders for the dissolution and the terms of it are known as the Judgment.
~Procedure for divorce
~The Petition is filed and personally served on the Respondent.
~The Respondent then has thirty days to file a Response.
~One of the parties to the dissolution will usually request a temporary court order by filing for an Order to Show Cause hearing. It is at this hearing that the judge will make rulings on temporary child custody, support, and restraining orders.
~The parties then engage in Discovery, which is the process by which both parties exchange information and documentation relevant to the divorce. Part of this procedure involves what is known as the Preliminary Declaration of Disclosure. This is a court form in which each party lists all known community and separate properties. Current income figures as well as expenses are also listed here.
~At the end of the discovery process, the parties and their attorneys discuss the settlement of the case. If the case is resolved at this stage, one of the attorneys will prepare a Marital Settlement Agreement, which will contain all the terms outlined in the agreement. This contract is signed by the spouses and their attorneys. Should an agreement not be reached on all the terms of the settlement, a trial will take place.
After the parties sign the Marital Settlement Agreement -- or after the trial has concluded -- one of the attorneys will prepare a Judgment of Dissolution of Marriage. This document contains all of the court's orders. The judgment is filed and the court mails a Notice of Entry of Judgment to each attorney.
When you filed for child support did you also file for custody? I know it sounds like a dumb question but it is not. I'm not trying to scare you, I just want you to get your ducks in a row.
As for the divorce...don't sweat that. He can't do anything right now anyway.
What was the last date that he slept under your roof and was telling you there was going to be a reconciliation? DO NOT FORGET THAT DATE!
The only things you need to do now are file for custody (if you haven't already) and raise hell until they get your child support coming.
THIS way, you have done nothing but what was necessary to protect the girls...SO THEN WHEN he pulls his head out of his ass, he can't be mad at you...AND THE DOOR IS STILL OPEN SHOULD HE DECIDE HE WANTS TO GROW UP AND SAVE HIS FAMILY.
