Definition of No-Fault Divorce
In Pennsylvania, a no-fault divorce refers to a divorce where neither party needs to prove wrongdoing by the other spouse to dissolve the marriage. This approach simplifies the divorce process by eliminating the need to establish fault grounds such as adultery, cruelty, or abandonment.
Instead, the couple can mutually agree that the marriage is irretrievably broken, or one spouse can assert that the marriage has been irreparably damaged without the other spouse's consent. This no-fault system is designed to reduce conflict and make the divorce process less adversarial.
Legal Requirements for Filing
To file for a no-fault divorce based on mutual consent, certain legal requirements must be met. First and foremost, at least one spouse must have been a resident of Pennsylvania for a minimum of six months before filing. The following requirements must also be met:
- Both spouses agree and acknowledge that their marriage is irretrievably broken.
- Each spouse has filed a sworn statement with the court consenting to the dissolution of their marriage.
- 90 days have passed since the divorce complaint was filed.
If one spouse does not consent to the no-fault divorce, the process is a little different and more complicated. A judge can still grant the divorce, but the following conditions must be met:
- The spouse seeking the divorce has filed an affidavit proving they live separately from their spouse and have done so for a year or longer.
- The divorce complaint states that their marriage is irretrievably broken.
- The other spouse doesn’t deny that the marriage is irretrievably broken or that they have been separated for a year, or the court believes those requirements to be true.
Under 23 Pa. Cons. Stat. § 3301(b), a person can also pursue a no-fault divorce in Pennsylvania based on a spouse’s psychiatric institutionalization. If a spouse has been institutionalized for at least a year and a half before the divorce petition is filed and no reasonable presumption can be made that they will be released from inpatient care 18 months after the start of the divorce, their spouse can be granted a divorce.
Contested vs. Uncontested No-Fault Divorces
One significant challenge in a no-fault divorce is deciding if it will be contested or uncontested. In an uncontested divorce, both spouses concur on all major aspects, including property division, spousal support, and child custody. This kind of divorce is generally quicker and more cost-effective, as it sidesteps prolonged court disputes.
However, if the spouses cannot reach an agreement on these issues, the divorce becomes contested, requiring court intervention to resolve the disputes. Contested no-fault divorces can be more complex and time-consuming, as they involve additional legal proceedings and potentially contentious negotiations.
Reach Out to Our Divorce Attorneys
Navigating a no-fault divorce in Pennsylvania can be a complex and emotionally challenging process. At William Kirby Law, Family Law Attorneys, we are dedicated to providing compassionate and knowledgeable legal counsel to individuals and families navigating divorce and family law cases. Whether you are considering a no-fault divorce or need assistance with post-divorce modifications, our experienced team is here to help.
Call (215) 515-9901 to schedule an initial case evaluation.