No-fault divorce is a mutual division of a marriage, in which neither party is responsible for the dissolution. In Pennsylvania, there are two types of no-fault divorce: divorce by mutual consent and divorce by irretrievable breakdown. The former requires a 90-day waiting period after the divorce petition has been served and consented to by both parties. During this time, it is recommended that the two parties try to reach an agreement.
If an agreement cannot be reached, litigation may be necessary. In the case of an irretrievable breakdown, the court will grant a no-fault divorce if the spouses have been living apart for at least one year. There are no waiting periods for fault divorces, unlike no-fault divorces. Mutual consent is the most common ground for obtaining a no-fault divorce and occurs when both spouses agree that the marriage is irretrievably broken.
If a divorce is contested, additional steps must be taken. It is important to note that even if both parties agree to get a divorce, talking to a divorce lawyer is very helpful. You don't have to wait for your divorce complaint to be mailed to you, as it can be emailed to you for confirmation after you complete The Divorce Wizard and make the payment with your credit card, debit card, or checking account. If one of the parties does not consent to the divorce and denies that the marriage has irretrievably broken down, a judge can grant the divorce after a hearing to address such complaints.
No-fault divorces can be simple and seem simple, but it's wise to talk to an experienced PA divorce lawyer to make sure your interests are protected. This way, once the divorce is finalized, your resources are extremely limited.
