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Pennsylvania is a no fault divorce state. There are two types of no-fault divorce processes in Pennsylvania: mutual consent and separation. A mutual consent divorce is available when both parties are willing to agree that the marriage is irretrievably broken and consent to the divorce.
? This verification must be completed by you, not your attorney. o Affidavit under Section 3301(d) ? This form states that you and your spouse have, in fact, lived separate and apart. for the applicable time period described above. o Blank Counter-Affidavit.
(3) In the case of an action for divorce under section 3301(d), an affidavit has been filed and no counter-affidavit has been filed or, if a counter-affidavit has been filed denying the affidavit's averments, the court determines that the marriage is irretrievably broken and the parties have lived separate and apart ...
There is no default judgment for divorce in Pennsylvania. If a spouse who has been properly served with the divorce complaint fails to participate in the divorce action, at the appropriate time, the spouse who filed for divorce can request that the court establish the basis for the entry of the divorce decree.
(1) The court may grant a divorce where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of commencement of an action under this part and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce.