Filing No Fault Divorce in Pennsylvania
By Bernadette A. Safrath
Courts used to require a spouse to prove fault, or reasons for the failure of the marriage, such as abandonment or adultery, before a divorce action could be filed or granted. Pennsylvania, like many states, has changed this limitation and added the availability of no-fault grounds for divorce. Thus, a spouse can file for divorce in Pennsylvania so long as she has been a resident of the state for at least six months.
The filing spouse must file a Complaint for Divorce with Pennsylvania's Court of Common Pleas located in her county of residence. The county clerk manages any paperwork that must be filed, including financial statements, alimony requests and custody papers. The clerk will notify the spouses or their attorneys of any missing papers and of any hearings or other court appearances required.
"Irretrievable breakdown" is one ground for no-fault divorce in Pennsylvania. Irretrievable breakdown does not require either spouse to have committed misconduct leading to the end of the marriage. Instead, a spouse can file for divorce based on this ground if the marriage has broken down with no chance of reconciliation and the spouses have "lived separate and apart" for at least two years prior to filing.
If spouses have not lived apart for more than two years, they can file for divorce based on "mutual consent." With this ground, spouses must have lived apart for at least 90 days. The spouses must agree the marriage has suffered an irretrievable breakdown and file the divorce papers jointly.
Before issuing a divorce decree, a Pennsylvania court must divide the marital property between the spouses. Pennsylvania is an "equitable distribution" state, which means that spouses each receive a fair percentage of the assets. When deciding what each spouse is entitled to, the court will consider each spouse's age, length of the marriage, value of each spouse's assets, each spouse's role in the marriage (wage earner vs. homemaker), and whether either spouse attempted to destroy, hide or improperly sell any marital asset in contemplation of the divorce.
When a divorce is amicable and spouses agree to a property settlement, alimony issues and custody, a divorce can be issued without a trial. However, Pennsylvania law requires a waiting period, called the "cooling-off" period. This means that a court must wait 90 days from the date the complaint was filed before signing the final divorce decree.
Bernadette A. Safrath is an attorney who has been writing professionally since 2008. Safrath was published in Touro Law Center's law review and now writes legal articles for various websites. Safrath has a Bachelor of Arts in music from Long Island University at C.W. Post, as well as a Juris Doctor from Touro College.