Pennsylvania No Fault Divorce

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Pennsylvania came in existence as a fault state before 1980. Practically, it rarely happens that in marital life, one partner is completely at fault and the other partner has absolutely don't commit any mistake. When the courts in this state found that both partners were at fault, the request for divorce of such partners would be denied by the court. The result was that those partners who slandered and insulted each other in court would be coerced to remain married with each other. It can be easily seen that this is not at all pragmatic. In 1980, the legislature of this state passed the no fault statute.

Types of Pennsylvania No Fault Divorce

Consensual No Fault

  • For this sort of divorce, it is mandatory that both partners accede to get divorced
  • The complaint for divorce is filed and served
  • From the date of filing, there is a cooling off period for 90 days
  • During the cooling off period, no papers related to the divorce can be filed
  • The legislature has created the provision of the cooling off period with the intention that during this period the divorcing partners can contemplate their decision and ensure that it was not taken in a hurried manner
  • After the ninety days are complete and both divorcing partners agree to the economic issues of the divorce, the court grants the divorce
Non Consensual No Fault
  • For this sort of divorce, one of the partners agrees to divorce while the other partner disagrees
  • From the date of separation, there is a waiting period of 2 years. During these 2 years, the court cannot divorce a party
  • After the waiting period is complete, the court awards the divorce to one partner, although the other partner does not desire this
  • It has been observed that some divorcing partners think in the following manner - "As there is considerable waiting period in this divorce and I wish to be divorced quickly, let me try a fault divorce as this does not have a waiting period"
Grounds of Pennsylvania No Fault Divorce
  • Incompatibility of the divorcing partners has resulted in irretrievable breakdown of their marriage

Residency requirements of Pennsylvania No Fault Divorce

Minimum one of the divorcing partners must be residing in this state for a minimum span of six months before the date of filing of the divorce papers.

No Fault By Mail Divorce

A By Mail Divorce is one in which all proceedings are managed by mail. There is no necessity of a face to face talk with an attorney or any court appearance. It has been observed that if one or more of the below mentioned conditions exist, then, the No Fault By Mail divorce is not practical.

  • If the divorcing partners do not agree with each other regarding spousal support
  • If the divorcing partners cannot develop an agreement about asset bifurcation
  • If real estate has been attained by the divorcing couple during marital life
  • There are some unusual complications due to which a simple divorce petition cannot be filed

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