Family Law Advisor®
Frequently Asked Questions
- Pennsylvania Divorce FAQ's -
1) What are the reasons or “grounds” upon which a divorce may be obtained in Pennsylvania?
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Pennsylvania has “no-fault” and “fault” divorces. “No-fault” requires irretrievable breakdown of the marriage and either a mutual consent to the entry of the divorce decree or a two year separation. There are a number of “fault” grounds, including grounds or charges of adultery, indignities, desertion and other marital wrongs. Defenses to “fault” grounds for divorce include but are not limited to “recrimination” (accusing party is guilty of acts constituting grounds for “fault divorce” such as adultery or desertion) and “condonation” (accusing party forgives spouse by resuming cohabitation or sexual relations.) Most contested divorces arise from property division disputes.
2) Why is the date of separation important in a Pennsylvania Divorce?
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The date of the separation is important in calculating the two-year time period that must pass before one party can obtain a unilateral “no-fault” divorce without the consent of his or her spouse. It is also important in determining the valuation of the marital property (see Property Division on Divorce.) It is possible to separate while living in the same household. However, the proof of such a separation is difficult.
3) When can a party sue in Pennsylvania for a divorce?
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A party must have lived in Pennsylvania for at least six months before having a right to sue for divorce. There may be cases where some parties have no right to sue in any state for divorce until residency is acquired.
4) How long does a divorce take?
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A mutual consent no-fault divorce takes about four to five months right now. There is a 90 day “cooling -off” period after the complaint is filed. After the cooling-off period expires both parties may file affidavits of consent and the divorce decree is entered thereafter. At the other end of the time spectrum a contested divorce can last years with the average contest lasting a year or more.
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