Philadelphia No Fault Uncontested Divorce Lawyer
No-fault Divorce is the best-case scenario in a bad situation. Divorce is never a happy time. It is a more than two people going in separate directions – it is a dissolution of a lifestyle. Both parties must now plan for a new life apart from each other. This is a stressful time where both parties need each other’s support. With a No-Fault Divorce, the parties are able to go through this painful time with some degree of civility and dignity.
There are two-types of No-Fault Divorces in Pennsylvania. They are Mutual Consent No-Fault Divorce and Two-Year Separation No-Fault Divorce. The reason that these divorces are called No-Fault is because neither husband nor wife need to prove that it was the other party’s fault that the marriage fell apart.
Before either of above No-Fault Divorces may be started in Pennsylvania courts, it must be established that either the husband or the wife have resided in the Commonwealth of Pennsylvania for at least 6 month before the filing of the divorce complaint. A No-Fault Divorce can be filed as a matter of right in the county where either spouse lives, or in any county in Pennsylvania so long as both spouses agree.
Mutual Consent No-Fault Divorce is started by filing of a complaint by either husband or wife. The complaint is then served to the non-filing party by either personal service or certified mail. Then begins the 90 day “cooling off” period. This “cooling off” period is there ensure that families do not break apart without taking some time and considering all of the consequences. After the “cooling off period” ends, both spouses send in signed affidavits agreeing to the Divorce. After receiving these signed affidavits, the judge signs the Mutual Consent No-Fault Divorce, irrevocably terminating the marriage.
Two-Year Separation No-Fault Divorce also begins with the filing and service of the divorce complaint. The filing party must also file an affidavit stating that the husband and wife have lived apart for at least two years and that the marriage is irretrievably broken. The affidavit must be served on the other spouse, giving that spouse an option to respond with a counter-affidavit during a set time frame. If the counter-affidavit is filed within twenty days either denying the two-year separation or that the marriage is irretrievably broken, the court will schedule a hearing to determine if divorce will be granted.
This content was written on behalf of Greg Prosmushkin.