To obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce. Additionally, a judge wont grant your no-fault divorce right away. Once youve filed your case, there is a 90-day waiting period before your divorce can be finalized.
Do you have to separate before divorce in PA?
Separation. Pennsylvania does not have a legal separation process. The date of separation is important in calculating the two-year time period that must pass before one party can obtain a no-fault divorce without the consent of the other party.
Can you get divorced without being separated first?
Separation is when you and your spouse have lived apart for at least 1 year before a divorce judgment is made by the court. You can start the divorce action during the 1-year period, but you must wait until the year has passed to file for a divorce.
Do you need a separation agreement in PA?
Am I required to have a separation agreement by law? While no law in PA requires a separating couple to execute a separation agreement, it is definitely a wise idea if there are debts, children, support claims or property involved and spouses want to settle these matters in writing via a legally binding document.
What is a wife entitled to in a divorce in PA?
A spouse is entitled to alimony only if the court decides that alimony is “necessary.” To decide whether alimony is necessary, how much should be paid, and how long it should be paid, the court must consider many factors – including but not limited to the relative income and earning capacities of the parties, the ages
Who gets house in divorce PA?
Pennsylvanias divorce law gives the court the right to allow one or both of the spouses to reside in the marital home, during the divorce or afterwards.
What if spouse refuses divorce?
The Spouse Opposes the Divorce The Court can grant a divorce order, even if the spouse refuses to sign any documents. If the responding spouse does not attend the hearing, the Court may finalise the divorce application in their absence. Otherwise, the spouse may ask the Court to appear by telephone.