Divorce in Pennsylvania can take between 90 days and 12 months on average, depending on whether it's fault or not fault. The mandatory waiting period for no-fault dissolution of marriage is 90 days. The average contested divorce takes 5 to 12 months, and an uncontested divorce takes about 4 to 6 months. A spouse can file for divorce in PA without a court hearing if the other spouse is institutionalized because of a mental disorder.
Waiting period is 18 months after institutionalization date. Nor should there be a discharge plan within another 18 months. Learn how long a divorce can take and what factors and issues can prolong divorce proceedings from well-known PA divorce attorney Lee Schwartz. A divorce can be completed in as little as 4 to 6 weeks, or it can take years.
Find out why and how you can help the divorce process move faster. When parties cannot agree on child custody issues, many counties in Pennsylvania implement a process to have the case heard by a custody conciliator. The conciliator will act as a mediator and the role of the conciliator is to try to get the parties to an agreement on the resolution of the dispute. If the conciliator is unable to get the parties to an agreement, then the case is sent to a judge and a custody trial may be necessary.
Custody cases can take a few years to process in the court system. In addition, if a teacher is involved in the matter of equitable division, that can also take significant time. In these situations, it's not uncommon for the divorce process to take 3 to 5 years or more. To avoid divorce delays caused by litigation, parties who cannot resolve their differences on their own should consider starting divorce mediation.
If a plaintiff seeks a no-fault divorce, either by consent or without consent, the defendant can prevent the divorce from being granted by proving that the parties have not lived separate and apart for at least one year or that the marriage has not irretrievably broken down. The person filing for divorce (the plaintiff) files a lawsuit explaining to the court why they should get a divorce from their spouse (the defendant). As with alimony, the court must be asked to divide marital assets as part of the divorce lawsuit before the court finally grants the divorce. The quickest divorce cases are those where both parties consent to the divorce and when there are no minor children or marital property to divide.
While divorce is “undisputed” in this scenario, both parties still claim in the initial filing that the marriage is irretrievably broken and that both parties agree to the divorce. A separation (divorce) requires the consent of only one party and may be the only option available if the other party refuses to accept the divorce or cannot be found. You can learn more about the divorce process in Pennsylvania and the legal issues you will encounter in Pennsylvania Divorce %26 Family Laws. The type of divorce you choose and the willingness of both to agree on the division of marital property and spousal debts, child custody, child support and spousal support, as appropriate, will determine how long your divorce will last in Pennsylvania.
The three categories of divorce in Pennsylvania are divorce by mutual consent, without consent, and fault. If a divorce is sought on grounds of fault, and the defendant proves that the plaintiff is not innocent or injured, or that the facts alleged by the plaintiff are not true, a divorce cannot be granted. Divorce will also be granted when the defendant has been in a psychiatric institution for a serious mental problem for at least 18 months before the divorce is initiated, and will likely remain in the institution for at least 18 months after the divorce has been initiated. You don't have to wait for your divorce complaint to be mailed to you, as we will email it to you for confirmation (usually the same day) after you complete The Divorce Wizard and make the payment with your credit card, debit card, or checking account.
When filing for divorce on fault grounds, you will need to provide the court with a specific reason for your divorce. If you're thinking about ending your marriage, you might wonder how long it takes to get divorced and if there is such a thing as a quickie divorce in Pennsylvania. Although fault-based divorces can proceed more quickly than no-fault divorces once the grounds for divorce are proven, they are much more costly both in terms of attorneys' fees and costs, and emotionally. .