After the 90-day waiting period has elapsed, each party must file an affidavit consenting to the divorce. Then, assuming the parties have no problem of division of property or alimony, the parties can file appropriate documentation to allow the judge to grant a divorce without a court hearing. In a mutual consent divorce, both spouses file an affidavit that says they agree to dissolve their marriage. Spouses don't have to live apart for one year before filing the affidavit.
Rather, Pennsylvania law imposes a 90-day waiting period after filing to finalize the divorce agreement, should one spouse change their mind. When appropriate for a couple, a divorce by mutual consent is by far the quickest and easiest path. The only reason the plaintiff has to give the court a divorce by mutual consent is that the marriage is irretrievably broken. If both the wife and husband (the spouses) want a divorce and agree that the marriage cannot be saved, things are simple.
Once the complaint is filed, there is a 90-day waiting period. Each party then files an affidavit that the marriage is irretrievably broken and that each party wants a divorce, and asks the court to grant it. This type of no-fault divorce is often referred to as a mutual consent divorce. Pennsylvania divorce law includes a 90-day “cooling off period” after filing the complaint and service to the other party.
That means that, once the Complaint and Notice of Process have been completed, the parties must wait three months before filing their Affidavits of Consent. However, the process of divorce by mutual consent is not immediate either. During this time, our divorce lawyers can help you reach a resolution with your spouse, so that you are ready to have your judgment entered once the cooling-off period has expired. When you file for divorce, unless your divorce is simple, you will need to attach a legally binding marriage agreement to file the divorce in the county court.
The three categories of divorce in Pennsylvania are divorce by mutual consent, without consent, and fault. Learn about PA divorce law and divorce options from reputable sources, just as you are doing now. This no-fault divorce option is reserved for couples who can resolve their child custody, property, and support issues on their own, with or without the help of divorce attorneys in PA. In a collaborative divorce, each spouse hires their own divorce attorney and both sign a document stating that they will not use the courts to litigate any issues that arise in their matter.
When filing for divorce on fault grounds, you will need to provide the court with a specific reason for your divorce. This simple and simple guide will give you a complete overview of all the legal issues you should consider as you prepare for divorce in PA, specifically, since divorce laws vary by state. Before filing for divorce in PA, consider if you are, if you have any financial or child problems that may need resolution, and whether you are both amicable enough to mediate your divorce. 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).
Under the PA no-fault divorce statute, to establish grounds for a divorce, one does not need to show the fault that caused a divorce to be filed, such as adultery, mental cruelty, or physical abuse. Divorce Demand Form This form is the actual request for your divorce to be recorded in court. 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. After the 90-day waiting period ends, you can file final forms and request a divorce decree stating that you are officially divorced.
The law allows divorce when one of the spouses has suffered a mental problem and has been in a psychiatric institution for at least eighteen months prior to the start of the divorce proceedings; and is likely to remain in the institution for another 18 months after the start of the proceedings. . .