In Pennsylvania, there are two types of no-fault divorce grounds: Consent Divorce and Unilateral Divorce. Both are based on the premise that the marriage is irretrievably broken, but they differ in terms of the parties’ involvement and the requirements for filing.
1. Consent Divorce
A Consent Divorce is the result of mutual agreement between both spouses. To qualify for a consent divorce in Pennsylvania:
- Mutual Agreement: Both parties must agree to the divorce and submit an affidavit affirming that the marriage is irretrievably broken and that there is no prospect of reconciliation.
- Affidavit: The parties are required to file an affidavit with the court, which must include the mutual consent and the claim that the marriage is beyond repair.
- Waiting Period: Pennsylvania law mandates that the court cannot grant a consent divorce until at least 90 days have passed after the filing of the divorce complaint. This waiting period is intended to give both parties time to reconsider the decision to divorce.
2. Unilateral Divorce
A Unilateral Divorce is filed by one spouse without the consent of the other. In this case:
- One-Year Separation: One of the spouses must allege that the parties have lived apart for at least one year and that the marriage is irretrievably broken.
- Living Apart: The parties may still live in the same home, but they must have ceased cohabiting. This means that while they may share a roof, they no longer share a marital relationship.
- Irretrievably Broken: The spouse filing for the unilateral divorce must also state that there is no possibility of reconciliation.
Important Considerations for No-Fault Divorces
- No Fault of Either Spouse: In no-fault divorce cases, neither spouse is required to prove wrongdoing, such as adultery, abuse, or abandonment. The court simply focuses on whether the marriage has broken down to the point where reconciliation is not possible.
- Separation Period: In the case of unilateral divorce, the one-year separation period can be crucial in proving that the marriage has indeed been broken beyond repair.
Seeking Legal Help
If you’re considering filing for a no-fault divorce in Pennsylvania, it’s important to consult with an experienced divorce attorney. Divorce Lawyer R. Badet is knowledgeable in handling both simple and complex divorces, including those that involve spousal support, child support, and child custody. With his experience and expertise, you can expect thorough legal guidance throughout the divorce process.
To learn more about your legal rights and options, visit www.lawyersfordivorces.net or contact him directly for a free consultation.
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