Some states, Pennsylvania included, impose a mandatory waiting period before a couple can get a divorce. It is crucial that you fully understand your legal rights and obligations during this time. Reach out to a skillful Montgomery County divorce lawyer for more information and experienced representation today.
What Types of Divorce Exist in PA?
There are several types of divorce in Pennsylvania, including the following.
- Mutual consent: When both spouses agree to the divorce, they can sign an affidavit swearing that the marriage has been irretrievably broken. This is a type of no-fault divorce.
- Fault divorce: One spouse can file for divorce based on their other spouse’s wrongdoing. Valid fault-based grounds in PA include willful and malicious abandonment, adultery, cruel treatment, bigamy, imprisonment, and indignities that render the filing spouse’s condition intolerable and life burdensome.
- No-fault divorce: Even if one spouse does not consent to the divorce, the other can file under no-fault grounds after a period of separation.
If one spouse has been institutionalized or convicted of a personal injury crime against the other, it could also be valid grounds for divorce.
What is a Waiting Period?
A waiting period in divorce is a mandatory time that a couple must wait between filing for divorce and being issued the final decree terminating the marriage. The purpose of a waiting period is generally to give the couple a chance to think through their choice and potentially reconcile. It also allows time to negotiate the terms of property division, alimony, child custody, etc., and prepare for the legal proceedings.
In some states, the divorce can be finalized on any date after the initial complaint is filed, given that all relevant issues have been settled. However, others impose a lengthy waiting period between the date the papers are filed or served and the date the decree can be signed.
Is There a Mandatory Waiting Period for Divorce in PA?
Yes, Pennsylvania does implement a mandatory waiting period for divorce. There are generally two waiting periods that may apply depending on the circumstances of the relationship and divorce.
In a mutual consent divorce where both spouses agree to the termination of the marriage and sign an affidavit, there is a required 90-day waiting period.
However, if one spouse does not agree and the other files for a no-fault divorce, the waiting period is much longer. To legally divorce based on no-fault grounds without the other spouse’s signature, the couple must be separated for at least one year.
Can the Waiting Period Be Waived?
Yes, under certain circumstances, there is no waiting period imposed by the state. When filing for a fault-based divorce, there is no required timeframe before the judge can issue the final decree.
The same goes for divorces based on a spouse’s conviction of a personal injury crime against the other. If the spouse is convicted, the court presumes their consent for divorce.
For more information and legal advice, contact a skilled attorney at Cohen & Patel today.
