Can I get the divorce decree prior to the property settlement?

Aug 8, 2012 by

Question: 

I have been separated for 1.5 yrs. My ex is dragging it out to get support. Can I get the divorce decreed prior to the property settlement. I would like to file as single this year as he committed tax fraud last year and I am going to have to deal with an audit because we are still ‘officially’ married. I filed no fault despite the fact he was abusive. Can I change this to fault and if so will it speed the procedeedings. Thankyou for the help

State: 
Pennsylvania

Answer: 

You can ask the court to throw out the first divorce action and start another if you like but you will still probably have to wait until the terms of the divorce agreement are settled before any property is split up. You can change to a “fault” based grounds for your divorce but it may cost you more money to start over again. And it may not be any faster in the long run. It sounds like you would benefit from consulting an attorney on this if your spouse is dragging his feet in order to collect support. You may have other options under Pennsylvania laws. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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