In Pennsylvania, there are two primary types of No-Fault Divorce grounds: Consent Divorce and Unilateral Divorce. Both types allow for a divorce to be granted without the need to prove fault, such as adultery or abuse.
1. Consent Divorce
A Consent Divorce occurs when both parties mutually agree that their marriage is “irretrievably broken” with no prospect of reconciliation. To proceed with this type of divorce, the following requirements must be met:
- Mutual Agreement: Both parties must agree to the divorce and confirm this by signing an affidavit.
- Affidavit Requirements: In the affidavit, both parties must state that the marriage is irretrievably broken and that there is no possibility of reconciliation.
- 90-Day Waiting Period: A consent divorce cannot be granted until 90 days have passed from the date the parties file the divorce petition. This waiting period gives both parties time to reconsider and attempt reconciliation.
Once the 90 days have passed and both parties affirm the agreement, the court can finalize the divorce.
2. Unilateral Divorce
A Unilateral Divorce occurs when only one spouse wishes to proceed with the divorce. The requirements for this type of divorce are:
- One Year of Separation: The parties must have lived apart for at least one year. This means the spouses must have ceased cohabitating, but they do not necessarily need to live in separate homes. They can live under the same roof if it can be proven that they have stopped sharing a life together.
- Irretrievably Broken: The filing party must allege that the marriage is irretrievably broken and that there is no chance of reconciliation.
Key Considerations for No-Fault Divorce in Pennsylvania
- Living Apart: If the parties continue to live under the same roof during the separation period, it must be clear that they are no longer cohabitating. This means they are not living as a married couple, even if they share the same residence.
- No Fault Requirement: No specific wrongdoing is needed for either party to seek a divorce under this grounds. The focus is on the irretrievable breakdown of the marriage and the inability to reconcile.
Divorce Lawyer R. Badet
If you are considering filing for divorce, whether through Consent or Unilateral grounds, having an experienced divorce attorney can help guide you through the process and ensure that your rights are protected.
R. Badet is an experienced and dedicated divorce lawyer with expertise in both simple and complex divorces, as well as spousal support, child support, and child custody matters. He is committed to obtaining the best possible outcome for your situation.
To learn more about your legal options or for a free consultation, visit www.lawyersfordivorces.net.
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Consulting with an attorney is an important first step to ensure that your divorce is handled efficiently and in accordance with the law. An experienced attorney can help navigate any issues that arise and protect your interests during the process.