What does a waiver of notice of intention to request entry of a divorce decree mean?

Get Legal Help Today

 Secured with SHA-256 Encryption

What does a waiver of notice of intention to request entry of a divorce decree mean?

I already signed an affidavit of consent to divorce but now my husband’s attorney (I am not represented by a lawyer) is requesting I sign the waiver document. I do not understand the difference in these 2 documents. What does this mean to me? Do each of us have to sign this? Does this mean that he can postpone the divorce if he does not sign the same? He originally filed the initial complaint of divorce and finally signed the property marital agreement but is stalling to sign the final papers.

Asked on August 30, 2011 Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

Okay let's start from square one.  You and your husband filed for an uncontested divorce, correct?  The Notice of Intention is part of the uncontested divorce forms that are to be filed.  It basically says that your spouse will be filing with the court the necessary documentation required for the finalization of the divorce. The waiver is a waiver of your right to be served with the notice and states that instead you are to be served only with the final divorce decree when it is signed.  I am going to give you a link to each form:

Notice:

http://www.pacode.com/secure/data/231/chapter1920/s1920.73.html

Waiver:

http://www.docstoc.com/docs/10388437/Waiver-Of-Notice-Of-Intention-To-Request-Entry-Of-A-Divorce-Decree-Under-3301(c)-Of-The-Divorce-Code-Waiver-Of-Notice-Of-Intention-To-Request-Entry-Of-A-Divorce-Decree-Under-3301(c)-Of-The-Divorce-Cod

Read them.  It seems to me that you are already covered with the marital agreement signed but I would still bring the document to someone to read on your behalf. I am not fond of waiving rights to know things.  Good luck.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption