How long will divorce take if spouse is in jail waiting to be sentenced?

UPDATED: Jun 22, 2012

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How long will divorce take if spouse is in jail waiting to be sentenced?

My husband and I seperated 2 years ago. I got a protection from abuse order bout 6months later. He was arrested a month after that and has been in prison since then. I filed divorce earlier this year. When I filed, I filed on one count of fault and one count of no fault. Last year his criminal case went to trial and he was found guilty. He’s facing up to 20 years but because he keep firing his lawyers so his sentencing date has been delayed. As of now, I’ve file well over a year ago and I’m wondering how much longer this is going to take? I really just want to move on with my life.

Asked on June 22, 2012 under Family Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I can surely understand wanting to move on here but certain information is lacking here.  Did your husband respond to the summons and complaint served on him?  If he did not then he is in default and generally you can move for an order of dissolution on default fairly quickly in all states.  If he did then I would consult with an attorney in your area about what you need to do procedurally to move the matter along.  You filed so you have to do something pro active to get this divorce.  Good luck.

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