Pennsylvania recognizes two categories of no-fault divorce: consent divorce and unilateral divorce.
- Consent Divorce:
- Both spouses must mutually agree to the divorce, which must be affirmed through an affidavit.
- The affidavit must state that the marriage is “irretrievably broken” and that there is no hope for reconciliation.
- The court cannot grant a consent divorce until a minimum of 90 days has passed after the filing.
- Unilateral Divorce:
- For a unilateral divorce, one party must allege that the spouses have lived separately for at least one year, and the marriage is “irretrievably broken” with no possibility of reconciliation.
- It is possible to “live apart” while still residing under the same roof if it can be demonstrated that the couple has ceased cohabitating.
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