It is never easy to make the decision to end your marriage. Even if you are sure that it is the right choice, it can be overwhelming and emotionally draining. The process of divorce in Pennsylvania involves several legal steps, including being separated. It is important to understand the details of this requirement and the steps necessary to terminate your marriage. If you are wondering about the divorce process contact an experienced Montgomery County divorce lawyer to discuss your legal rights and options.
When Can You File for Divorce?
Pennsylvania is a no-fault divorce state. A no-fault divorce means that there is no requirement to prove either spouse’s liability in the marriage coming to an end. No one has to be blamed or take responsibility. With that being said, fault-based divorces can still be filed where they are based on the other spouse’s behavior or perceived wrongdoing.
Before filing for divorce you should ensure that you meet the residency requirements and establish the grounds that you would like to file under. In Pennsylvania, in order to file for divorce either you, your spouse, or both of you must be citizens of the state for at least 6 months before filing. After establishing that you meet this requirement, determine what type of divorce you wish to file and the grounds.
Fault-based grounds can include:
- Adultery
- Abandonment
- Cruel treatment
- Bigamy
- Imprisonment
- Insanity
- Indignities
No-fault divorce grounds include:
- Irretrievable breakdown of the marriage
- Separation
Do I Have to Be Separated to Get a Divorce in PA?
The answer to this question depends on the type of divorce you file for. In a fault-based divorce, individuals do not have to abide by a period of legal separation. However, Pennsylvania law requires spouses seeking a no-fault divorce to live separately before the divorce can be granted. The period of separation is designed to allow the couple to ensure that the decision to end the marriage is truly what they want, give them time to get their affairs in order, and allow them to try to determine the details of the divorce on their own.
In PA, the separation period required before filing a no-fault divorce is one year. This means that the spouses must live separately for at least 12 months before they are legally allowed to file for divorce. Living separately can begin on the day that one spouse moves out or the day that they begin sleeping in separate bedrooms or no longer acting like a married couple.
Contact a Divorce Lawyer Today
You may be required to prove your separation or that you have been living separate and apart from your spouse. There are many implications to consider and the legal process can be complex at times. Work with an experienced divorce lawyer to ensure you are following proper procedures and to protect your rights and interests.
