Filing No Fault Divorce in Pennsylvania

By Bernadette A. Safrath

Courts used to require a spouse to prove fault, or reasons for the failure of the marriage, such as abandonment or adultery, before a divorce action could be filed or granted. Pennsylvania, like many states, has changed this limitation and added the availability of no-fault grounds for divorce. Thus, a spouse can file for divorce in Pennsylvania so long as she has been a resident of the state for at least six months.

Filing Requirements

The filing spouse must file a Complaint for Divorce with Pennsylvania's Court of Common Pleas located in her county of residence. The county clerk manages any paperwork that must be filed, including financial statements, alimony requests and custody papers. The clerk will notify the spouses or their attorneys of any missing papers and of any hearings or other court appearances required.

Irretrievable Breakdown

"Irretrievable breakdown" is one ground for no-fault divorce in Pennsylvania. Irretrievable breakdown does not require either spouse to have committed misconduct leading to the end of the marriage. Instead, a spouse can file for divorce based on this ground if the marriage has broken down with no chance of reconciliation and the spouses have "lived separate and apart" for at least two years prior to filing.

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Mutual Consent

If spouses have not lived apart for more than two years, they can file for divorce based on "mutual consent." With this ground, spouses must have lived apart for at least 90 days. The spouses must agree the marriage has suffered an irretrievable breakdown and file the divorce papers jointly.

Equitable Distribution

Before issuing a divorce decree, a Pennsylvania court must divide the marital property between the spouses. Pennsylvania is an "equitable distribution" state, which means that spouses each receive a fair percentage of the assets. When deciding what each spouse is entitled to, the court will consider each spouse's age, length of the marriage, value of each spouse's assets, each spouse's role in the marriage (wage earner vs. homemaker), and whether either spouse attempted to destroy, hide or improperly sell any marital asset in contemplation of the divorce.

Waiting Period

When a divorce is amicable and spouses agree to a property settlement, alimony issues and custody, a divorce can be issued without a trial. However, Pennsylvania law requires a waiting period, called the "cooling-off" period. This means that a court must wait 90 days from the date the complaint was filed before signing the final divorce decree.

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Refiling Divorce Papers in PA
 

References

Related articles

Iowa Divorce Rules & Regulations

Divorce laws are different from state to state. Iowa's procedures for divorce, also called dissolution of marriage, are set forth in the state's code. The law addresses the requirements that must be met in order to file in Iowa, as well as the procedures for dividing the marital property and awarding alimony.

90 Day Cooling Off Period for a Divorce in Pennsylvania

Pennsylvania requires a 90-day "cooling off" period for no-fault or "mutual consent" divorces, which provides an estranged couple the opportunity to resolve existing differences and salvage the marriage. If the husband and wife cannot resolve their disagreements in that time period, in most cases, a divorce decree can be issued by the court.

California Divorce Laws Regarding Mental Illness

California is a no-fault divorce state, meaning there is no requirement to prove a spouse acted improperly with respect to the marital relationship. If one spouse suffers from a severe mental illness, referred to in California law as “incurably insane,” that illness could serve as the basis for a divorce. Whether a mental condition reaches the level of incurably insane depends on the specific facts of each case and is left to the discretion of the judge.

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