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You should file for a 1A divorce when both spouses agree that the marriage has irretrievably broken down and can't continue and they have reached a written agreement about child support, parenting time, alimony, child custody & dividing shared property (marital assets).
As long as the desire to seek a divorce is mutual, then you can seek a divorce as long as you have proof that you have been separated from each other physically for at least 18 months.
Abandonment or desertion provides grounds for a fault-based divorce if a spouse left voluntarily, without good reason or an intent to return, and without the other spouse's consent. A spouse must be out of the home for a year or more before the other spouse can file for divorce on grounds of desertion.
This is the commonly-phrased ?no fault? divorce provision under the Commonwealth family law and probate statutes. An irretrievable breakdown of the marriage occurs when one or both spouses are unable or unwilling to cohabit and there are no prospects for reconciliation.
Section 1 gives the petitioner (Plaintiff) the ability to request a final hearing after only thirty days from service of the Complaint for Divorce, whereas the no-fault grounds under Section 1B require the parties to wait six months prior to hearing on the merits of the case unless they come to a comprehensive ...