In Pennsylvania, no-fault divorce refers to divorces where neither party blames the other for the breakdown of the marriage. Instead, the focus is on whether the marriage is irretrievably broken. There are two main types of no-fault divorce grounds:
1. Consent Divorce (Mutual Consent Divorce)
For a consent divorce, both spouses must mutually agree to the dissolution of the marriage. The process involves the following:
- Affidavit Requirement: Both parties must sign an affidavit stating that the marriage is “irretrievably broken” and that there is no possibility of reconciliation.
- Waiting Period: The court will not grant the divorce until 90 days have passed after the affidavit is filed. This waiting period allows time for the parties to reconsider and ensure that the decision to divorce is final.
2. Unilateral Divorce (No-Fault with One Party’s Consent)
A unilateral divorce allows one spouse to file for divorce, even if the other party does not consent to the dissolution. The requirements for this type of divorce include:
- Living Apart: The parties must have been living apart for at least one year. It is not necessary for the parties to live in separate homes, but they must have stopped cohabitating as spouses.
- Affirmation of Irretrievable Breakdown: The filing party must assert that the marriage is “irretrievably broken,” and reconciliation is not possible.
This type of divorce is often used when one spouse wants to divorce but the other spouse may be unwilling or unable to agree.
Key Considerations
- Living Apart Under the Same Roof: In the case of unilateral divorce, it is possible for the spouses to live in the same residence as long as they have stopped cohabitating, meaning they no longer act as married partners.
Divorce Lawyer R. Badet
If you’re considering a no-fault divorce in Pennsylvania, whether through mutual consent or a unilateral filing, it is crucial to seek the advice and assistance of an experienced divorce lawyer. Divorce Lawyer R. Badet offers expert legal support throughout the divorce process, from filing and obtaining a consent divorce to managing complex divorce issues like child custody, spousal support, and division of assets.
For more information, visit www.lawyersfordivorces.net or contact Divorce Lawyer R. Badet for a free consultation.
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