Is Pennsylvania a No-Fault Divorce State?February 3, 2022
There’s always the risk of breaking up when building a relationship with somebody, and marriage isn’t exactly an exemption to that. There are many couples who have already been together for years in what would seem like peaceful matrimony but end up deciding that it isn’t working out. If this is the case, a couple may consider divorce.
However, state laws tend to differ on how they approach divorce. Some may make the process long and rather difficult to achieve, but there are certain ones that offer simplicity. Pennsylvania classifies as a no-fault divorce state. Continue reading to learn more about it.
The Definition of No-Fault Divorce
A no-fault divorce allows a married couple to separate without either spouse taking the blame for the relationship breaking down. Pennsylvania adopts this in their law, as well as regular fault divorces when applicable.
The no-fault divorce can occur through two processes, which would either be mutual consent or a minimum one year separation. While both processes result in the finalization of divorce, a separation divorce requires that the parties have lived apart for one year.
The Requirements of No-Fault Divorce
The main requirement for getting a no-fault divorce in Pennsylvania is the agreement of both spouses that the marriage is irretrievably broken, with both believing divorce would be the best course of action. In addition, any financial issues between the parties should be resolved prior to finalizing the divorce.
If you’re looking to get a separation divorce instead of a mutual consent divorce, the same requirements apply, together with proof of separation. It’s best to seek the advice of an attorney to determine which would be the best option for you.
The Obtainment of No-Fault Divorce
Getting a no-fault divorce requires at least a 90-day waiting period between service of the Divorce Complaint and finalization of the divorce, provided that all requirements have been fulfilled properly. The submission of the documents and divorce papers follow a specific procedure, of which both parties should be aware.
Obtaining a no-fault divorce in Pennsylvania will depend on your ability to work together with your spouse and make decisions when necessary. Be sure to communicate clearly with the other party and an attorney to get through the process as smoothly as possible.
The Filing of a No-Fault Divorce
There are several documents that need to be completed and provided to the court throughout the divorce process. It’s ideal to find an experienced lawyer who can guide you through all of the paperwork to assure that you can obtain your divorce decree as quickly as possible.
Find Divorce Lawyers in Pennsylvania
To sum it up, Pennsylvania offers no-fault divorce. The process can help you gain independence and distance from a former loved one. Consider the option and consult a legal professional to help you and your spouse.
Looking for divorce lawyers in Pennsylvania? Daley Zucker offers experienced attorneys in Harrisburg, PA, who are knowledgeable in family law, estate planning, and several other practice areas. Get in touch with us today!