The Different Types of Divorce in PennsylvaniaOctober 24, 2024
Many people believe that marriages are the happily-ever-afters of life, after which the couple walks through life together without any problems. But unfortunately, this is not how life works. Even in the most “perfect” of families, issues still occur. While the best overcome their challenges, some families find themselves in situations where the best outcome for all involved is to separate.
Divorces happen for many reasons. These reasons are the “grounds” that are identified to make divorce legal. Pennsylvania recognizes both fault and no-fault divorce. In this post, we will cover the types of divorce in PA and what grounds can be used for each.
In Pennsylvania, there are essentially three types of divorce – a fault divorce, a no-fault or mutual consent divorce, and a divorce based upon the parties having been separated for one year.
Take a look at the different types of divorce in PA:
Fault Divorce (3301 (a))
A party seeking a divorce on fault grounds must prove that the marriage should be dissolved because of the specific behavior of the other spouse. Fault grounds include desertion (without reasonable cause), adultery, bigamy, imprisonment, cruel treatment, and a catchall category referred to as “indignities.”
Prior to the 1980 amendments to the Pennsylvania Divorce Code, anyone seeking a divorce had to prove fault. Since the 1980 amendments that provide for “no fault” and/or divorce based on separation length, it is unusual for a divorce decree to be entered on fault grounds.
While it is still possible to get a fault-based divorce, a separate hearing is usually required so that evidence can be presented to determine whether “fault” as defined in the statute exists. Even if fault exists, because of the additional delay and expense involved, most individuals opt to forego this approach and obtain the divorce on one of the other available options.
No-Fault Divorce or Mutual Consent Divorce (3301 (c))
A no-fault divorce or 3301 (c) divorce provides that the parties may be divorced after 90 days from the filing and service of the divorce complaint if both parties sign an affidavit stating that their marriage is irretrievably broken and verifying that the requisite 90 days have elapsed. Keep in mind that this divorce method requires that both parties sign the consent form, thereby permitting the court to enter the divorce decree.
“Consent” can be presumed when a spouse has been convicted of a personal injury crime against the other spouse. This means that the spouse who has committed the crime does not need to sign the consent form to process a mutual consent divorce under this section.
Also, keep in mind that it is rare for the decree to be obtained as soon as the 90-day period has expired. The consents only establish the basis for the divorce, but the divorce’s economic issues are rarely resolved within the 90-day period. The divorce decree should not be entered until everyone is satisfied that all economic and equitable distribution and alimony issues have been resolved. These issues will be waived if not resolved before the entry of the Divorce Decree.
One Year Separation (3301 (d))
If one spouse would like to move forward and obtain a 90 day no fault or mutual consent divorce but the other party will not sign the requisite consent form, a divorce decree may still be obtained based on proof that the marriage is irretrievably broken and that the parties have lived separate and apart for one year. Arguments will often ensue over whether the parties have been separated for the required one-year period.
The Pennsylvania Courts have ruled that the separate and apart requirement can be established even though the parties continue to live in the same house. If the one-year separation is established, there may still be an issue as to whether the marriage is irretrievably broken, but the one-year separation usually is sufficient proof of the irretrievable breakdown.
As with a 3301 (c) divorce, establishing a one-year separation and irretrievable breakdown only gives parties grounds for divorce – it does not resolve economic issues, which will be waived if not resolved before the divorce decree is entered.
Divorce in PA Following Institutionalization
In cases where one spouse is institutionalized for mental health issues or substance abuse, divorce proceedings in Pennsylvania may follow a unique trajectory. Divorce following institutionalization typically involves careful consideration of the incapacitated spouse’s needs and rights, along with the welfare of any dependents involved.
Pennsylvania law permits divorce on grounds of institutionalization for a period of at least 18 months, where one spouse is confined to a mental institution or similar facility due to a mental disorder or substance abuse. In such cases, the non-institutionalized spouse may initiate divorce proceedings, citing the extended period of separation due to the incapacitation of their partner.
However, specific legal procedures must be followed to ensure fairness and adherence to the incapacitated spouse’s rights, including providing notice of the divorce action to the institutionalized spouse and appointing a guardian ad litem to represent their interests if necessary.
The court will carefully assess the circumstances surrounding the institutionalization and consider factors such as the likelihood of the incapacitated spouse’s recovery, the impact on any children involved, and the equitable distribution of marital assets and support obligations.
Ultimately, divorce in PA following institutionalization requires sensitivity to the complexities of mental health and addiction issues, as well as a commitment to achieving a resolution that upholds the dignity and well-being of all parties involved.
What are the Divorce Laws in PA?
In Pennsylvania, divorce laws govern the legal process of ending a marriage and outline various requirements and procedures to ensure fairness and consistency. Here are key aspects of divorce laws in Pennsylvania:
- Grounds for Divorce: Pennsylvania allows for both fault-based and no-fault divorces. Grounds for fault-based divorce include adultery, desertion, cruel treatment, bigamy, imprisonment, and institutionalization. Alternatively, couples can seek a no-fault divorce based on irretrievable breakdown of the marriage, commonly referred to as “irreconcilable differences.”
- Residency Requirements: To file for divorce in Pennsylvania, at least one spouse must have resided in the state for at least six months prior to filing. This residency requirement ensures that the Pennsylvania courts have jurisdiction over the divorce proceedings.
- Equitable Distribution: Pennsylvania follows the principle of equitable distribution, whereby marital property is divided fairly, though not necessarily equally, between spouses upon divorce. Marital property includes assets and debts acquired during the marriage, while separate property remains with the individual spouse.
- Alimony: Pennsylvania courts may award alimony or spousal support to one spouse based on factors such as the length of the marriage, each spouse’s financial situation, and contributions to the marriage. Alimony can take various forms, including rehabilitative, transitional, or permanent support, depending on the circumstances.
- Child Custody and Support: In cases involving minor children, Pennsylvania courts prioritize the best interests of the child when determining custody and support arrangements. Parents are encouraged to develop a parenting plan outlining custody and visitation schedules, but the court may intervene if they cannot reach an agreement.
- Waiting Period: Pennsylvania law imposes a mandatory waiting period of 90 days from the date of service of the divorce complaint before a divorce decree can be finalized. This waiting period allows spouses to address any outstanding issues and negotiate terms of the divorce settlement.
Overall, Pennsylvania’s divorce laws aim to facilitate fair and orderly dissolution of marriages while protecting the interests of both spouses and any children involved. Understanding these laws is crucial for navigating the divorce process effectively and achieving a resolution that meets the needs of all parties.
What is the Procedure for Starting a Divorce?
Starting a divorce in Pennsylvania involves several steps to initiate the legal process of ending a marriage. Here’s a general overview of the procedure:
- Meet Residency Requirements: Ensure that either you or your spouse meets the residency requirement of having lived in Pennsylvania for at least six months before filing for divorce. This establishes the jurisdiction of the Pennsylvania courts over the divorce proceedings.
- Determine Grounds for Divorce: Decide on the grounds for divorce, which can be either fault-based (such as adultery, desertion, cruel treatment) or no-fault based on irretrievable breakdown of the marriage, commonly referred to as “irreconcilable differences.”
- Prepare and File Divorce Complaint: Prepare the necessary legal documents, including a divorce complaint, which outlines the grounds for divorce and any requests for relief such as division of property, alimony, child custody, and support. File the complaint with the appropriate county court and pay the filing fee.
- Serve Divorce Complaint: Serve a copy of the divorce complaint and related documents to your spouse, following the rules of service outlined by Pennsylvania law. This typically involves personal service by a third-party adult or certified mail with return receipt requested. The recipient of the Divorce Complaint can also sign an Acceptance of Service if he or she is cooperative.
- Await Response: After being served with the divorce complaint, your spouse has a certain period of time to respond. If your spouse agrees to the terms of the divorce, they may file a consent after the 90 day waiting period. If contested, your spouse may file an answer to the complaint, raising any objections or counterclaims.
- Negotiate Settlement or Litigation: Depending on the level of agreement between you and your spouse, you may engage in negotiations or mediation to reach a settlement on issues such as property division, alimony, and child custody and support. If no agreement is reached, the case may proceed to litigation, where the court will decide on unresolved issues.
- Attend Court Hearings: Attend any required court hearings, such as pre-trial conferences or settlement conferences, to discuss the status of the case and attempt to resolve outstanding issues. If the case proceeds to trial, both parties will present evidence and arguments, and the court will issue a final divorce decree.
- Finalize Divorce Decree: Once all issues are resolved and the court approves the terms of the divorce, a final divorce decree will be issued, officially terminating the marriage. Ensure that all necessary documents are filed with the court and that any required waiting periods have elapsed before seeking the final decree.
Navigating the divorce process can be complex and emotionally challenging, so it’s essential to seek guidance from a qualified family law attorney who can provide legal advice and representation tailored to your specific circumstances.
How Long Can You Delay a Divorce in Pennsylvania?
In Pennsylvania, the length of time it takes to finalize a divorce can vary depending on several factors, including whether the divorce is contested or uncontested, the complexity of issues involved, and the court’s schedule. While there is no specific limit on how long you can delay a divorce, certain procedural requirements and waiting periods must be observed.
For example, Pennsylvania law imposes a mandatory 90-day waiting period from the date of service of the divorce complaint before a divorce decree can be finalized. Additionally, delays may occur if the divorce involves contentious issues that require negotiation, mediation, or litigation to resolve. However, parties are encouraged to work cooperatively to expedite the process and reach a timely resolution that meets their needs.
Reach out to a Divorce Lawyer Today
Any of the types of divorce require a reason to proceed. Whether it be a fault, no-fault divorce, or one-year separation, you must identify the grounds for the divorce. Otherwise, the court will not grant a divorce, meaning you will still legally be bound as a family unit.
We understand that this can be an incredibly stressful time for you and that finding the grounds for the divorce can be quite challenging. This is why it’s always recommended to reach out to an experienced divorce attorney who understands the process and has compassion for the client.
At Daley Zucker, LLC, our team has been handling divorce cases for over 50 years combined. We understand the complexities of the law surrounding divorce and the emotional consequences. We’re here to listen to your concerns and help you find practical solutions that secure your future. If you are looking for divorce lawyers in Pennsylvania, contact us today.
