Two days before he was to marry his new wife, Joe Paterno was facing a trial in Indiana for child abuse allegations.
Now, the attorney for the retired football coach’s former assistant, attorney John Fetterman, is challenging the validity of the divorce, saying Paternon is not eligible for a divorce.
According to the attorney’s filing, Paternies’ attorney is asking the court to issue a stay and allow the case to proceed, allowing Paternos to stay with his former assistant while the case proceeds.
The court is scheduled to hold a preliminary hearing on Dec. 10, which is Paternis’ final day to seek divorce.
Paternys lawyer, Richard D. Gee, argued in a court filing that the divorce was invalid because he had a personal relationship with Paternias former wife, Susan K. Paternnis, and because he was not in the state of Indiana when Paterninas alleged abuse took place.
“The parties are not divorced because the parties were in the same household, that is the basis for the motion,” Gee wrote in the court filing.
“Therefore, the motion to stay is barred.
There is no valid divorce in this case.”
A separate filing by Fettermen said Paterns divorce “is not valid, since it was entered into solely for purposes of this motion and that purpose is for Paternas personal and marital relationships to be preserved.”
Fetterman’s filing also points out that the parties married in 2013 and the couple have been together for a number of years.
The filing says that Paternaas current attorney, David M. Johnson, is arguing that Paters divorce is invalid because of his previous relationship with his ex-wife.
Johnson is arguing Paternaias “significant and lasting relationship” with K.P. was a “relationship of trust, fidelity and trust,” Johnson wrote in his filing.
“It is clear that a substantial amount of time and effort and energy was expended to establish that relationship, that the relationship was based on trust and fidelity,” he added.
Paters divorce was not finalized until last week and the parties filed for divorce in Indiana, according to the court documents.
The former Penn State coach’s attorney, Brian O’Connell, declined to comment.
The Associated Press contributed to this report.