Pennsylvania Decree of Divorce
Description Divorce Decree Pa
How to fill out What Do Divorce Papers Look Like?
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Act 102, which takes effect in 60 days, reduces the waiting period for unilateral no-fault divorce from two years to one. That means a spouse will need to wait only a year before obtaining a divorce without the other spouse's consent.
In Pennsylvania, the court may call an uncontested divorce a no-fault divorce or a mutual consent divorce. A mutual consent divorce is a faster divorce process than traditional divorceyou can get divorced in three to four months, rather than the standard two or more years.
There is no expectation under PA law that you must remain in a loveless or abusive marriage, and you always have the option of suing for divorce if your spouse refuses to agree to a no-fault divorce. Many times, simply filing can pressure your spouse into negotiations and agreement.
State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can't be located for service. The court will set a hearing date and ask that you appear.
To obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce. Additionally, a judge won't grant your no-fault divorce right away. Once you've filed your case, there is a 90-day waiting period before your divorce can be finalized.
If you are considering a divorce in Pennsylvania, you can do it with or without a lawyer. However, you will be held to the same standard as attorneys.There are two types of divorce in Pennsylvania: no fault/ mutual consent 3301(c) and no fault/ applicable time of separation 3301(d).
The typical time for a 3301(c) Pennsylvania uncontested divorce, from the date of filing to the court granting a divorce decree is 3.5-4 months for PREMIUM service, 4-5 months for FAST service, and 5-6 months for NORMAL service.
TO START a divorce in Pennsylvania, one or both of the spouses must have lived in Pennsylvania for at least the past six months. The person who is asking for the divorce (the plaintiff) files a complaint that tells the court why he or she should get a divorce from his or her spouse (the defendant).
In an earlier article, I wrote about Pennsylvania's two no-fault grounds: Mutual Consent, and Irretrievable Breakdown. The first of these, Mutual Consent, absolutely requires that both you and your spouse sign documents agreeing to obtain a divorce decree some time after a mandatory 90-day waiting period has expired.
For example, in Bucks County, the filing fee for a divorce complaint is $382.50. There is an additional fee of $87.50 if there is an "equitable division" complaint involved, i.e., the couple needs help dividing marital property, and an additional fee of $95.25 if there are custody or visitation issues to resolve.