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In the United States, it is not necessary for both parties to agree to a divorce. You can file for a divorce without the other party's consent. This means that you can pursue a legal separation even if your spouse does not want to go through with it. Remember, understanding the process for a PA divorce legal without consent can help you navigate this situation more smoothly.
When you're filing for an uncontested divorce in Pennsylvania based on mutual consent, you may not have to appear in court for a final hearing. (23 Pa. Cons. Stat.
If your spouse won't sign an affidavit of consent, Pennsylvania requires a one-year separation period to get a no-fault divorce.
No-fault divorces require there to have been either (1) written and mutual consent by the parties that is made 90 days after the divorce complaint is served or (2) one year of separation (if the separation was on or after December 5, 2016).
Your spouse's consent and signature is not necessary to get a divorce under certain circumstances in the state of Pennsylvania. If you are seeking a no-fault divorce proceeding, your spouse does not need to sign the initial divorce papers if you have been separated for one year.
Serve your complaint on your spouse, by an adult other than yourself. There are service-of-process businesses to do this for you. Divorces by mutual consent can resolve in as little as 4-6 months. Contested divorces can take from 6 months to over a year.
