Articles

610-497-3579

No Fault Divorce in PA

Posted by Ted Hoppe | Jun 06, 2012 | 0 Comments

Pennsylvania is a no-fault divorce state which means that spouses can get a divorce without alleging fault on the part of the other spouse. (There are still fault provisions such as adultery and indignities.) Under the Divorce Code, there are 2 ways to get a no-fault divorce in Pennsylvania. If both parties consent, a divorce complaint is file and served on the defendant (the non-filing spouse). The parties wait 90 days from the date of service of the Complaint, sign forms consenting to the divorce and then what we call “grounds for divorce” are established. (This is sometimes referred to as a 3301C divorce.) This generally means that the parties have met requirements for the entry of the divorce code. (To be clear, though, this does not mean that you are entitled to have a divorce decree entered. Generally, any financial issues such as dividing up property, must be resolved before the decree can be entered.)

If the non-filing spouse does not consent to the divorce, the divorcing spouse can still get a divorce, but must wait until two years after the parties have separated, We do not have legal separation – i.e., filing a document with the court saying that you are separated, in PA. Date of separation is a factual determination. However, under the Divorce Code, the date of separation will be, at the latest, the date the divorce complaint is filed. This is sometimes referred to as a 3301D divorce. To get a divorce based on 2 year separation, at the end of the 2 years, the divorcing spouse must file an affidavit stating (1) that the parties have been separated for more than 2 years and (2) that the marriage is irretrievably broken. The non-filing spouse has the right to file a Counter-Affidavit opposing the divorce on the basis that there has not been a 2 year separation or that the marriage is not irretrievably broken. If a Counter-Affidavit is filed, then the Court will hold a hearing to determine if there are grounds for divorce.

 

About the Author

Ted Hoppe

Hi, my name is Ted Hoppe and I have been an attorney in Pennsylvania for more than 25 years. In my practice, I focus on helping businesses and families with legal issues that affect them. Because I am knowledgeable and experienced on a variety of legal matters, I have built many long-term relatio...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Over 20 years of protecting your rights – at home and in business.

Are you faced with a legal issue? If so, regardless of whether the issue seems simple or complex, you need an attorney you can trust to answer your questions, advise you on your rights, help you take the steps necessary to get the situation successfully resolved and if need be, to aggressively defend your rights in court. Ted Hoppe, the professional lawyer in PA can provide you with advice and legal representation that you need.

CONTACT US TODAY

L. Theodore Hoppe, Jr., Esquire, Attorney at Law is an attorney you can trust to answer your questions, advise you on your rights, help you take the steps necessary to get the situation successfully resolved and if need be, to aggressively defend your rights in court.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu