A Pennsylvania no-fault divorce allows a marriage to end without requiring either spouse to prove that the other spouse was at fault. Instead of proving adultery, cruelty, desertion, or other fault-based grounds, Pennsylvania law allows divorce based on the marriage being irretrievably broken.

No-fault divorce is now the most common way Pennsylvania couples obtain a divorce. Depending on whether both spouses agree to the divorce and whether they have resolved their financial and property issues, there may be different procedures and waiting periods that apply.

For many Pennsylvania couples, a no-fault divorce can be simpler and less contentious than a fault-based divorce because neither spouse has to prove that the other caused the marriage to end.

Steven R. Tabano & Associates helps individuals throughout Pittsburgh and Allegheny County with Pennsylvania no-fault divorces, including uncontested and mutual-consent divorces.

What is a No-Fault Divorce?

A no-fault divorce is a divorce in which neither spouse is required to prove that the other spouse caused the marriage to end. Pennsylvania law recognizes that a marriage may be irretrievably broken and provides procedures for obtaining a divorce without proving fault.

A no-fault divorce does not necessarily mean that every issue between the spouses has been resolved. Questions involving marital property, debt, alimony, or other financial matters may still need to be addressed as part of the divorce.

Whether a No-Fault Divorce is right for you can be determined with a quick free telephone consultation with one of our attorneys.  Call today – no fee, no obligation.

Who Can Get a Pennsylvania No-Fault Divorce?

Pennsylvania law allows a spouse to seek a no-fault divorce when the marriage is considered irretrievably broken. A spouse does not have to prove that the other spouse committed adultery, cruelty, abandonment, or another marital offense.

The procedure that applies depends largely on whether both spouses agree to the divorce and whether they have resolved issues involving marital property, debts, support, and other financial matters.

If both spouses agree that the marriage is irretrievably broken, they may proceed through Pennsylvania’s mutual-consent divorce procedure. If one spouse does not consent, a divorce based on irretrievable breakdown may still be available after the parties have lived separate and apart for the required period.

A no-fault divorce therefore does not necessarily mean that every issue between the spouses has been resolved. Property division, retirement accounts, debts, alimony, and other financial issues may still need to be addressed.

The Two Types of Pennsylvania No-Fault Divorce

1. No-Fault Divorce by Mutual Consent

When both spouses agree that the marriage is irretrievably broken and both consent to the divorce, Pennsylvania provides a mutual-consent procedure for obtaining a no-fault divorce.

Generally, the parties must wait 90 days after the divorce action is commenced before the required affidavits of consent can be filed. Once the required waiting period has been satisfied, the parties can complete the remaining steps necessary to obtain the divorce.

If the spouses have also reached an agreement concerning marital property, debts, retirement accounts, alimony, and other financial issues, the divorce may be completed as an uncontested divorce. Resolving these issues can make the process much simpler and less expensive.

A mutual-consent divorce is often the fastest way to obtain a Pennsylvania divorce when both spouses are willing to cooperate and the issues between them have been resolved.

2. No-Fault Divorce After Separation

If your spouse does not consent to the divorce, Pennsylvania law provides another no-fault procedure based on the irretrievable breakdown of the marriage. Generally, the parties must have lived separate and apart for at least one year before the divorce can be finalized under this procedure.

This procedure is commonly referred to as a 3301(d) divorce or a no-fault divorce based on separation. The divorce action can generally be started before the one-year separation period has expired, but the divorce cannot be finalized until the required one-year period has been satisfied.

If your spouse disputes whether you have lived separate and apart for the required period or disputes that the marriage is irretrievably broken, additional court proceedings may be necessary.

A no-fault divorce based on separation does not automatically resolve issues involving marital property, retirement accounts, debts, alimony, or other financial matters. Those issues may need to be addressed separately as part of the divorce.

No-Fault Divorce Does Not Always Mean Uncontested Divorce

A no-fault divorce concerns the legal grounds for ending the marriage. An uncontested divorce concerns whether the spouses have reached an agreement on the issues that must be resolved.

For example, spouses may both agree that their marriage is irretrievably broken and want a no-fault divorce, but still disagree about the division of marital property, retirement accounts, debts, alimony, or other financial matters. In that situation, the divorce may be no-fault but not uncontested.

If you and your spouse agree on all of the issues that need to be resolved, your divorce may qualify as an uncontested no-fault divorce. When the parties are able to reach an agreement, the divorce process can often be completed more efficiently and with less expense.

Learn more about Pennsylvania Uncontested Divorces.

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How Long Does a Pennsylvania No-Fault Divorce Take?

The time required to complete a Pennsylvania no-fault divorce depends on which procedure applies and whether the spouses have reached an agreement on the issues involved.

If both spouses consent to the divorce, Pennsylvania’s mutual-consent procedure requires a 90-day waiting period after the divorce action is commenced. After the 90 days have elapsed, the required affidavits of consent can be filed and the remaining steps toward the divorce can be completed.

If  you have lived separate and apart for at least one year, you may proceed with a no-fault divorce based on irretrievable breakdown. After the required one-year separation period has been satisfied, additional procedural waiting periods apply, including a 20-day period after service of the §3301(d) affidavit.

The actual time to complete a divorce can also depend on whether there are unresolved issues involving marital property, retirement accounts, debts, alimony, or other financial matters. An agreement on these issues can make an uncontested divorce substantially simpler.

If you and your spouse agree on the divorce and have resolved the issues between you, a Pennsylvania uncontested no-fault divorce can generally be handled much more efficiently than a contested divorce.

What Is the Difference Between Mutual Consent and a One-Year Separation?

Pennsylvania law provides more than one way to obtain a no-fault divorce. The procedure that applies depends largely on whether both spouses agree that the marriage should end.

Mutual Consent Divorce

When both spouses agree to the divorce, they can proceed under Pennsylvania’s mutual-consent procedure. After the required 90-day waiting period, the spouses can complete the required consent documents and proceed toward finalizing the divorce. This procedure is commonly used when the spouses agree that the marriage is over and have resolved the important issues between them.

One-Year Separation Divorce

A Pennsylvania no-fault divorce may also proceed after the spouses have lived separate and apart for at least one year. This procedure can apply when the spouses do not both consent to the divorce. Additional procedural requirements and waiting periods may apply.If you and your spouse agree on the divorce and have resolved issues such as property, debts and other financial matters, an uncontested divorce may be a more straightforward way to proceed.

What Happens to Property and Debts in a No-Fault Divorce?

A no-fault divorce determines the legal basis for ending the marriage, but it does not automatically determine how marital property and debts will be divided. Spouses may need to address the marital home, bank accounts, investments, vehicles, retirement accounts, pensions, credit-card debt and other financial obligations.

Pennsylvania follows the principle of equitable distribution, which means marital property is divided in a manner the court considers fair under the circumstances. Equitable distribution does not necessarily mean that every asset or debt will be divided equally.

If you and your spouse are able to reach an agreement concerning property, debts and other financial issues, those terms can generally be incorporated into your divorce documents or settlement agreement. Resolving these issues in advance can help make an uncontested divorce more efficient.

Retirement accounts and pensions can require particular attention because the marital portion may be subject to division even when the account is held in only one spouse’s name.

If you have questions about how your home, retirement accounts, debts or other property may be treated in a Pennsylvania divorce, it is important to understand your rights before signing a settlement agreement.

What Is an Uncontested No-Fault Divorce?

An uncontested no-fault divorce is a divorce in which both spouses agree that the marriage should end and are able to resolve the important issues between them. Because there is no dispute over whether the marriage should end, an uncontested divorce can generally be handled more efficiently than a contested divorce.

In an uncontested divorce, the spouses may need to reach an agreement concerning marital property, debts, retirement accounts, alimony and other financial matters. If these issues have been resolved, the divorce can proceed without requiring the court to decide disputed issues between the spouses.

An uncontested no-fault divorce can be a practical option for couples who want to end their marriage without unnecessary conflict or expense. However, an uncontested divorce does not mean that important legal rights should be overlooked. A properly prepared agreement can help make sure that the terms of the divorce are clearly established.

Steven R. Tabano & Associates assists individuals in Pittsburgh and throughout Allegheny County with Pennsylvania no-fault and uncontested divorce matters.

No-Fault Divorce – Pittsburgh Pennsylvania Law Firm – Steven R. Tabano and Associates

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