Sometimes, ending a marriage may be the best option for the family. While this is not the easiest decision, you and your spouse know if divorce is the only way to move forward. In Pennsylvania, it is possible to separate peacefully when you choose a no-fault divorce.
The path available through mutual consent
Having a mutual consent divorce is possible and is often the most efficient route. If you and your spouse agree that the marriage is irretrievably broken, you must observe the 90-day waiting period upon filing and serving the divorce papers.
While this does not require both parties to live separately, it gives you the time to think about the divorce and whether you are sure about it. Only after this window can you both file the affidavits of consent.
An option available for a unilateral divorce
It is normal for both parties to not agree on having a divorce. If this is your case, you may still proceed with the process. As the party seeking the divorce, you must file an affidavit stating that the marriage is beyond repair and that you and your spouse have lived separately for at least one year.
The courts may only grant a unilateral no-fault divorce after the requisite period if the other spouse does not deny the claims in the affidavit. If the other spouse denies the allegations or that the marriage is irreparable, the court may hold a hearing.
The factors that make no-fault divorce different
In a no-fault divorce in Pennsylvania, you do not need to prove that your spouse did anything wrong. If you choose to allege fault, the case shifts to a fault divorce. Only then do you need to prove to the court that your spouse committed a specific act of misconduct. This often includes adultery, cruelty, bigamy and desertion for one year.
Seeking guidance before taking action
Every family’s situation is unique, especially when assets or children are involved. To learn more about your rights during divorce, consulting an experienced family law attorney is a wise next step.