How Do I Get a Divorce in Pennsylvania?
How to get a divorce in Pennsylvania:
There are two basic types of divorce: Fault and No-Fault
Fault: One of the spouses has committed marital misconduct, such as adultery or abuse
No-Fault: Spouse does not have to prove that other spouse committed marital misconduct
Two (2) ways to obtain a No-Fault divorce:
- CONSENT DIVORCE: If both parties agree to a divorce, one party files a divorce complaint, and after 90 days expires from the filing and serving of the divorce complaint, both parties can sign a consent to allow the divorce to be granted. A spouse cannot force the other spouse to sign a consent.
- SEPARATION: If one spouse refuses to consent to the divorce and there are no grounds for a “fault” divorce, the other spouse will have to wait for two years from the parties “date of separation” after which he/she can proceed to obtain a divorce without the consent of the other spouse. If the date of separation is on or after December 4, 2016 the waiting period is reduced to one year. The “date of separation” will be an important date in connection with this type of divorce. The parties can be separated and still living together in the same house. As this determination is fact-sensitive, you should discuss this with your attorney as soon as you believe that you want to separate.
Note that there are other grounds for a divorce such as insanity, or annulment of marriages.
