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In fact, there is no divorce circumstance in Pennsylvania where a marriage is automatically terminated after the passage of a period of time. The one year separation period, however, is important. After spouses have been separated for a year, one spouse may ask the Court to grant their divorce.
You do not need a lawyer to file for divorce in Pennsylvania. You will need to file a complaint in divorce stating the grounds for your divorce and other claims you are making, including equitable distribution, custody, support - both spousal and child, and alimony.
For contribution plans, a portion of the retirement account will either be rolled over into the other spouse's own plan, or the full account will be "cashed out" with the total amount divided between the two spouses.
No Fault Divorce under § 3301 (d) of the Divorce Code - Two Year Separation. Section D is used when the parties have already lived separate and apart for at least two years. In this type of divorce, defendant's consent may not be not required.
You can do whatever you want, but without a lawyer, there is no one to advocate for you or to protect your rights. When a divorcing couple can agree on marital assets being shared and there are NO children, and no other support requested, a lawyer isn't necessarily needed.
Irretrievable breakdown -- You can get a divorce without your spouse consenting if you have lived separate and apart for two (2) years or more if date of separation was before December 5, 2016 or you have lived separate and apart for one (1) year or more if date of separation was on or after December 5, 2016.
Even though Pennsylvania law does not mandate a 50/50 division of marital property, in practice, a 50/50 division is quite common. If the divorcing spouses have similar incomes from their jobs and the marital assets include a home and modest retirement accounts, the courts will often order a 50/50 division.
The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. If you're able to quickly come to an agreement with your spouse about alimony and division of property, your divorce can proceed through divorce court rather quickly.
You do not need a lawyer to file for divorce in Pennsylvania. You will need to file a complaint in divorce stating the grounds for your divorce and other claims you are making, including equitable distribution, custody, support - both spousal and child, and alimony.
You just have to do all of the forms, agree on division of assets, and both sign everything, then have it notarized, and file it all with the circuit court. You will get a court date and both have to appear, but as long as you agree on all the terms it should be a painless formality.