What does a waiver of notice of intention to request entry of a divorce decree mean?
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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 13 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:
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.
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