No-Fault Divorce in Pennsylvania: How the Waiting Periods Work
Many people assume that to end a marriage in Pennsylvania, one spouse has to prove the other did something wrong. In most cases, that is not true. Pennsylvania allows no-fault divorce, and most divorces filed in Delaware County, Montgomery County, Philadelphia, Chester County and Bucks County move forward on a no-fault basis.
Two Main No-Fault Paths
Under the Pennsylvania Divorce Code, there are two common no-fault routes. The first is mutual consent. If both spouses agree that the marriage is irretrievably broken, each one files a sworn statement consenting to the divorce, and the court may grant it once 90 days have passed from the date the case was started.
The second route is for situations where one spouse will not agree. The spouse who files can allege that the marriage is irretrievably broken and that the spouses have lived separate and apart for at least one year. If the other spouse does not deny those allegations, the court can grant the divorce. If the other spouse does deny them, the court holds a hearing and decides whether the one year of separation and the breakdown of the marriage have been shown.
What "Separate and Apart" Really Means
The Divorce Code defines living separate and apart as a cessation of cohabitation, whether or not you live in the same residence. That means some couples who still share a home may be able to meet the standard, although how that works depends heavily on the facts.
There is also a helpful presumption. Once a divorce complaint is filed and served, it is presumed that the spouses began living separate and apart no later than the date the complaint was served. That can matter when you are counting the one year period.
Exceptions and Caveats
A few points are worth keeping in mind. The 90 days is a minimum, not a promise. Service of the papers, the paperwork each spouse files, the court's schedule and unresolved issues can all affect how long a divorce actually takes. If a spouse contests the one year route and the court finds a reasonable prospect of reconciliation, the court can pause the case for a period of 90 to 120 days and require counseling before deciding.
Pennsylvania also still lists fault grounds, such as adultery and cruel and barbarous treatment. Those grounds are used less often, because they require the filing spouse to prove the other spouse's conduct, and many people prefer to avoid that fight.
Ending the marriage is also only one piece of the picture. Property division, support, alimony and custody are separate questions that often need to be addressed alongside the divorce itself, and the right approach depends on your family's circumstances.
Every marriage and every timeline is different. A short conversation about your situation can help you understand which path may fit you and what to expect along the way.
If you are thinking about divorce, or you have already been served, contact Ames Law Group to discuss your situation.
This post is general information and not legal advice.
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