How to Divorce in PA After Two Years When a Spouse Does Not Agree on Settlement

By Michael Butler

If you file for a no-fault divorce in Pennsylvania, you can get a divorce in six months if you and your spouse are in agreement. However, if the two of you disagree, you must wait at least two years from the date you and your spouse separated. After the two-year waiting period, you can ask the court to grant a divorce.

Step 1

Write and sign an affidavit of two-year separation. This is a sworn statement under the penalty of perjury that you and your spouse have been separated for at least two years. The date of separation is not necessarily the date you filed for divorce. Generally, it is the date you stopped living with your spouse.

Step 2

Draft a Petition for a Decree of Divorce and attach the affidavit to it. The petition sets out what you want from the court. It can be a short statement that incorporates your affidavit by reference.

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Step 3

File the petition with the clerk of the court where you filed for divorce and serve a certified copy on your spouse. If your spouse does not respond, the court can grant you a default judgment of divorce. If your spouse does respond and denies the separation, the court will schedule a hearing to decide the matter.

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