Divorce

PENNSYLVANIA DIVORCES

Pennsylvania law permits divorce to be obtained through either a Fault Divorce or a No-fault Divorce.  Since Pennsylvania adopted a no-fault statute in 1981, nearly all divorces have been granted on this basis.

MUTUAL CONSENT

No-fault Divorces under Section 3301(c) of the Divorce Code require separate consents signed by both the husband and wife.  The consents may not be signed and filed until 90 days after the filing of the divorce complaint.  The purpose of the waiting period is to permit an emotional cooling down.

The final divorce decree will usually not be granted until there is a resolution of issues involving the division of property, alimony and/or attorney's fee.

TWO YEAR DIVORCE

No-fault divorces under Section 3301(d) of the Divorce Code require that the parties be separated for a period of two (2) years.  After such a separation, either the wife or the husband may ask for a divorce on the signature of one of the parties.

The date of separation is critical and on occasions, the husband and wife can be separated while living at the same address.

As with a Section 3301(c) Divorce, the Divorce Decree will usually not be granted until there is a resolution of issues involving the division of property, alimony and/or attorney's fees.