Ending a marriage can be a confusing and emotionally wrenching process, involving many difficult decisions. Most divorces are “no-fault” divorces, meaning the grounds are irretrievable breakdown of the marriage. You do not need a reason to get divorced under the “no-fault” statute. The alternative to “no-fault” divorce is to claim fault grounds, such as adultery, cruel and inhuman treatment, personal indignities or other fault-based grounds that must be proven in court. Fault grounds can be costly and frequently difficult to prove in court. More importantly, the process of gathering and submitting proof can often be embarrassing and painful – especially for any children of the parties. divorce papers online Utah
What is a no-fault divorce in Pennsylvania?
No-fault divorceis easier to obtain, is less costly and much quicker than in a “fault divorce.”
A court grants a no-fault divorce when both parties agree the marriage is irretrievably broken.
There are 2 kinds of no-fault divorce:
1. If both parties agree to the divorce, they can obtain a no-fault divorce by consent. One party files for the divorce and, after 90 days has passed from when the complaint is served on the other spouse, each party may file a form called an Affidavit of Consent. You may resolve any other issues you have by agreeing on how you will deal with marital property and/or debt in a Property Settlement Agreement. The court rules require you to file a series of legal documents to complete the divorce. This is the fastest way to divorce in Pennsylvania, but it requires the cooperation of both parties.
2. Unilateral no-fault divorce is available if one of the spouses will not consent to the divorce but the parties have been living separate and apart (defined by the statute as “complete cessation of any and all cohabitation, whether living in the same residence or not”) for at least 2 years and the marriage is irretrievably broken.