In Pennsylvania, no-fault divorce provides a simpler and less contentious way to dissolve a marriage. There are two primary types of no-fault divorce:
1. Consent Divorce (Mutual Agreement):
- Requirements:
- Both spouses must mutually agree to the divorce.
- Both parties must submit an affidavit to the court, confirming that the marriage is “irretrievably broken” and that reconciliation is not possible.
- Waiting Period:
- In Pennsylvania, a 90-day waiting period is required before the divorce can be granted, even with mutual consent. This allows time for the parties to reconsider or attempt reconciliation.
2. Unilateral Divorce (One Party’s Request):
- Requirements:
- One spouse must file for divorce by alleging that the marriage is “irretrievably broken” with no chance of reconciliation.
- In this case, the couple must have lived apart for at least one year before filing for divorce.
- Living Under the Same Roof: Even if the parties still live together, it is possible to file for a unilateral divorce, provided that they no longer cohabit as a married couple (i.e., no longer maintain a marital relationship).
Key Points to Consider:
- The 90-day waiting period applies to consent divorce cases but not necessarily to unilateral divorce.
- Living separately means you do not need to have moved out, but you must prove that you are no longer living together as a married couple.
Experienced Legal Representation by Divorce Lawyer R. Badet
Whether you are considering a consent or unilateral divorce, seeking the advice of an experienced divorce lawyer is crucial to ensuring a smooth and fair process. Divorce Lawyer R. Badet is dedicated to assisting clients in both simple and complex divorces, including spousal support, child support, and custody matters.
He offers comprehensive guidance and representation throughout the divorce process, helping you understand your rights and navigate the legal complexities. Visit his website at www.lawyersfordivorces.net, or call for a free consultation today.
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