Divorce

 

For almost 30 years, Pennsylvania has recognized what is commonly referred to as the 'no-fault' divorce. While one can still file a 'fault-based' divorce complaint, it is far less desirable to do so because of the additional expense involved to prove the allegations contained in the complaint. In a no-fault divorce, the allegation is that "the marriage is irretrievably broken;" i.e., it is not the fault of, and no blame is attributable to, either party.

A no-fault divorce can be obtained in one of two ways:

By Consent.

After one party has filed a Complaint in Divorce and obtained proper service of the Complaint upon the other party, the parties must wait for a minimum of 90 days before they can proceed with the actual divorce. After expiration of the mandatory 90-day waiting period, each party may sign and file the necessary papers to (i) acknowledge his and her consent to the divorce; and (ii) waive notice as to the entry of a decree in divorce. Upon proper request to the Court a divorce decree may be entered at any time thereafter.

Without the Consent of a Party.

What if, after expiration of the mandatory 90-day waiting period, the defendant is unwilling to file his or her consent to a divorce? In that instance, the plaintiff may seek entry of a divorce decree at any time after the parties have been separated for two (2) years; however, all related matters (equitable distribution of marital property, alimony, etc.) must be resolved before a divorce decree can be entered. If the parties have been unable to reach agreement, then the assistance of the court may be sought.

CAVEAT:

While you may wish to "just get it over with," you could lose valuable rights if you rush entry of a divorce decree. Because divorces are rarely obtained in a vacuum, there are generally other matters ("related matters") which should be raised and resolved between the parties prior to the entry of a divorce decree; e.g.: division of marital property, rights to pension/retirement funds, support for the disadvantaged spouse following divorce, etc.. If such issues are not raised before entry of a divorce decree, your right to raise them EVER is lost!

Family Practice Areas

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