Tag Archives: FAMILY LAW

Is the Acceptance of Service for my divorce complaint valid if signed in pencil?

Q: I had a state constable serve my divorce papers to my husband. When he brought the signed Acceptance of Service back to me, I discovered that it was signed in pencil. Is the document valid? I talked to the constable and he said it is valid because no matter what it was signed in, he witnessed his signature and as an officer he can be called upon to testify and confirm the signature if necessary. Is this true? This document will start our 90-day waiting period and I don’t want to go the whole 90 days only to find out later that the signature isn’t valid.

A: I know of no such law which invalidates signature in pencil. I think the constable is correct and I think you should file a Proof of Service document with the Prothonotary which has the return card bearing the signature of your husband, attached to it.

Will having a baby with my boyfriend effect my divorce which is pending?

Q. I am a little over a year into a divorce. My ex is not responding to anything so I have to wait 2 years. Will my having a baby with someone else affect my divorce.
A. Under the Alimony statute, marital misconduct prior to separation can be a factor considered by the court with along with 16 others, when the court determines if alimony is appropriate and the amount that should be paid. Some judges don’t consider this factor; however it is in the Divorce Code. If your consummation of the baby occurred after separation, it should not hurt any chance of pursuing alimony if you choose to do so.