One Year Waiting Period in Pennsylvania

The separation period for a no-fault divorce under 3301(d) in Pennsylvania has been updated from TWO YEARS to ONE YEAR.  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.  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.

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.

ABC News discusses this change here.

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