Pennsylvania No-Fault Divorce Attorney
In Pennsylvania, you can obtain a divorce without having to prove fault of a party.
Clients often ask: “how long will the divorce process take?” While the answer to this question is always dependent on the specific facts of the case, the law which establishes the no-fault grounds for divorce in Pennsylvania also establishes two general timelines which a divorce case can follow before a Divorce Decree will be issued by the Court. A “3301(c) Divorce,” or “Mutual Consent Divorce” is a no-fault divorce based on the Irreconcilable Differences of the parties. In a 3301(c) Divorce, the parties may request a divorce decree after a Divorce Complaint has been filed and the parties have waited the required 90 day “cooling off period.” After the 90 day cooling off period has expired, the parties can consent to the divorce by filing some necessary paperwork with the Court and asking for a Divorce Decree.
If the parties consent to the divorce, and all the issues between the parties have been resolved, then the Court can issue a Divorce Decree. Alternatively, if the parties have been separated for 2 years, then either party can request a “3301(d) Divorce,” which is where the parties have not each “consented” to the divorce, but one party is requesting that the Court issue a Divorce Decree because the parties have been separated for 2 years and there is no chance of reconciliation.
Some Common Questions About The PA No-Fault Divorce Process
Can I obtain a no-fault divorce even if my spouse does not want one?
Your right to obtain a no-fault divorce is not contingent upon the consent of your spouse. However, if you do not obtain the consent of the other party, then the Divorce could be significantly delayed. Filing for a no-fault divorce means that you are seeking the entry of a Divorce Decree based on the “irreconcilable differences” of the parties. If you are seeking a no-fault divorce, you will need to obtain the mutual consent of the other party prior to the Court will issue a Divorce Decree. If mutual consent cannot be obtained, then you will potentially have to wait until there has been two (2) years of separation or more before you can proceed with finalizing the no-fault Divorce. With that being said, it is essential you speak to an experienced divorce attorney, as no-fault divorce cases are not this simplistic and resolutions can often be achieved even with initial resistance by the other party./p>
Do I need to appear in court if I file for a no-fault divorce?
It depends. Most people who pursue a no-fault divorce never step foot into a courtroom. However, if the parties cannot agree on issues such as equitable distribution, support, and/or child custody, then the parties may need to appear before either a Judge or Master to litigate these various matters. The rules and procedures themselves do not require a party to ever appear in Court in order to pursue a Divorce, but the parties may still be required to appear in Court if any aspect of their matter becomes contested or requires intervention of the Courts.