Quantcast
Channel: One (Divorce) Lawyer's Perspective » divorce
Viewing all articles
Browse latest Browse all 19

Wait! What do you mean they are still married?

0
0

It was recently reported on the People.com website that Khloe Kardashian and Lamar Odom are still married despite having signed “divorce papers” in July 2015 and having filed for divorce in 2013. What may be crossing your mind is “What is taking it so long?” or “Aren’t they divorced once they signed the papers?”. Hopefully, I can clarify things a bit and explain how divorces proceed in Pennsylvania, which some specificity regarding how cases proceed in Philadelphia.

Many people (lawyers and non-lawyers alike) think that once someone signs the “divorce papers”, they are divorced.  I blame part of this misconception on the media.  Many TV shows and movies show the estranged husband and wife meeting in a parking lot or on a quiet road. One implores to the other to just sign the divorce papers. Someone pulls out a stack of documents from the car or from their person and leans on the car to sign the papers.  Despite what is depicted in the media, there is only one “magic” document that is signed that immediately results in the the parties being divorced – the divorce decree signed by a Judge.

There are many factors that impact how long it will take the parties to get a divorce. The grounds for divorce are a factor; the level of cooperation by the parties is also a factor; the procedure for that particular state and county also factor in how long it can take for a divorce decree to be entered.

Here is the typical timeline for a divorce action filed in Philadelphia, Pennsylvania:

  1. A divorce complaint is filed with the Court
  2. The complaint must be served on the other side within 30 days of its filing (90 days if the other party does not live in PA)
  3. If the complaint is not served within that time frame, it can be reinstated and the time period starts again.
  4. 90 days after the complaint has been served, each party can sign and file an Affidavit of Consent.
  5. If there are economic issues to resolve, after both affidavits of consent are filed, one party can prepare a stack of documents are sent to the other side to let that party know that the paperwork is going to be sent to the court asking that the grounds for divorce be approved 20 days later.
  6. 20 days after the documents from item 5 are sent to the other side, the paperwork is sent to the Court where the paperwork is held for another 10 days.
  7. After that 10 day period has elapsed, the file is sent to the appropriate judge for review and signature by the judge. How long it takes for the file to be reviewed and the order signed by the judge is out of everyone’s hands other than the judge.  Remember, this is the timeline where there are economic issues that still need to be resolved – so the Court is entering an Order approving the grounds for divorce – IT IS NOT A DIVORCE DECREE.
  8. In Philadelphia, once the Order approving the grounds for divorce is signed, it is up to either of the parties to prepare and file the paperwork asking the court to schedule a hearing before the Equitable Distribution Master.  In Philadelphia, if no one files that paperwork, the case will just sit. In some other counties in PA, once the grounds ordered is entered, the Court automatically schedules the hearing.
  9. When that hearing is scheduled depends upon the Court docket.
  10. At the initial listing before the Equitable Distribution Master, the Master will usually hold a settlement conference.
  11. If the parties are able to work things out at the settlement conference (and they do more than 90% of the time), the agreement is prepared and signed that day; a divorce decree is usually entered 2 weeks later.
  12. If there is no agreement, the Equitable Distribution Master may schedule another court appearance and/or may issue a written recommendation.
  13. Once a written recommendation is issued, each side has a period of time to object to the recommendation. If either side files an objection, the case is scheduled for a new trial before a judge.
  14. If there are no objections OR if there is a new trial before a judge who makes a determination regarding the economic issues, THEN a divorce decree is entered.

Although the timetable set forth above assumed there were economic issues that need to be resolved, please note that the last piece of paper that required the defendant’s signature was back in step 4 – there was no other document that the defendant had to sign before the divorce decree could be entered (there are numerous documents that the defendant receives, but not many that require the defendant’s signature).

If there are no economic issues to be resolved by the Court, the first 4 steps of the timeline set forth above still apply; the rest of the timeline is as follows:

5. If there are NO economic issues to resolve, after both affidavits of consent are filed, one party can prepare a stack of documents are sent to the other side to let that party know that the paperwork is going to be sent to the court 20 days later asking for the entry of the divorce decree.

6. 20 days after the documents from item 5 are sent to the other side, the paperwork is sent to the Court where the paperwork is held for another 10 days.

7.  After that 10 day period has elapsed, the file is sent to the appropriate judge for review and signature by the judge. How long it takes for the file to be reviewed and the order signed by the judge is out of everyone’s hands other than the judge.

The time between steps 4 and 5, regardless of which timetable applies, is dependent upon one of the parties preparing and serving certain  paperwork on the other party. While I am not versed in California law, where I presume Khloe filed for divorce, and while I am not aware of the specifics of her case, if the “divorce papers” that each party signed in July were similar to Affidavits to Consent under PA law, perhaps the Court is waiting for either attorney to move the divorce action forward.

Only time will tell how long it will be if the divorce between Khloe and Lamar is concluded.


Filed under: Celebrity cases, Celebrity divorces, divorce, During representation Tagged: divorce, divorce papers, how long to get a divorce, Khloe Kardashian, Lamar Odom, Philadelphia, procedure

Viewing all articles
Browse latest Browse all 19

Latest Images

Trending Articles





Latest Images