Divorce Process in Pennsylvania

It used be that a divorce could not be granted unless there were fault grounds. Those days have passed and we now have no-fault divorces. Parties can still choose to divorce on fault grounds for reasons of adultery, abandonment; however, it can be very expensive due to the litigious nature of the divorce.

A no-fault divorce is where instead of proving that your spouse is to blame for the divorce, you can consent to the divorce under 3301(c) in Pennsylvania or divorce by Irretrievable breakdown of the marriage under 3301(d) in Pennsylvania. Under 3301(c), the parties can consent to the divorce by filing an affidavit of consent with the court 90 days after your spouse has been served with the divorce complaint. If both parties consent to the divorce, you can craft and file an agreement with the court and request entry of your divorce.

Under 3301(d), the parties must prove a separation from their spouse for a period of time to request grounds to divorce. If the period of separation from your spouse began on or after Dec. 5, 2016 you will need to be living separate and apart from your spouse for a period of ONE YEAR, before filing your complaint in divorce. If the period of separation from your spouse began before Dec. 5, 2016, you are required to be living separate and apart from your spouse for a period of TWO YEARS, before filing your complaint in divorce.

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