A mutual division, in which neither party is responsible for the dissolution of a marriage, is called a no-fault divorce. There Are Two Types of No-Fault Divorce in Pennsylvania. The most common, divorce by mutual consent, allows for a period of 90 days after the divorce petition has been served and consented to by both parties. During those 90 days, it is strongly recommended that the two parties try to reach an agreement.
If an agreement cannot be reached, litigation may be necessary. In that case, courts may be called upon to decide on child custody, child support, spousal support, equitable distribution of marital property, and other important issues. A no-fault divorce allows couples to achieve a divorce without claiming that neither spouse is at specific fault for the breakdown of the marriage. Usually, a no-fault divorce is a mutually agreed divorce, meaning that both spouses agree that the marriage is irretrievably broken.
This type of divorce requires a 90-day waiting period before the Court grants the divorce. Otherwise, when one of the parties does not consent, the Court will grant a no-fault divorce if the spouses live continuously apart and apart for at least one (year). There are no waiting periods for fault divorce, unlike no-fault divorces, which require at least a 90-day waiting period for a mutual consent divorce and a one-year period in which both spouses live apart if there is an irretrievable breakdown of the marriage (potentially with additional waiting). reconciliation periods).
As the name suggests, fault-based divorces are available to those married people who can demonstrate very specific reasons why they should divorce. Mutual consent is one of the most common grounds for obtaining a no-fault divorce and occurs in cases where the parties consent to the divorce and agree that the marriage breaks down irretrievably or cannot be fixed. If a divorce is contested, which means that the spouses cannot accept the terms of the divorce (or divorce at all), the parties will need to take additional steps. While divorce is “undisputed” in this scenario, both parties still state in the initial filing that the marriage is irretrievably broken and that both are in agreement with the divorce.
In Pennsylvania, people who want to file for divorce may have the option of filing a “fault” or “no-fault” divorce. If a couple seeks divorce without establishing fault grounds (discussed below), then Pennsylvania law imposes a one-year waiting period from the time of separation before either spouse can file for divorce. Regardless of whether you and your spouse agree to get a divorce, talking to a divorce lawyer is very helpful. 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.
Although no-fault divorces can be simple and seem simple, it's wise to talk to an experienced PA divorce lawyer to make sure your interests are protected, because once the divorce is finalized, your resources are extremely limited. Even if the other party does not consent to the divorce and denies that the parties have been living separate and apart (again, not necessarily physically separated) for at least 2 years or denies that the marriage has irretrievably broken down, a judge can grant the divorce after a hearing to address such complaints. 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. .