Pennsylvania Unilateral No-Fault Divorce Now Requires Only a 1-Year Waiting Period

On October 4, 2016, a new bill was signed into law, which reduces the required waiting period to obtain a unilateral, no-fault divorce, based upon the separation of the parties, from two-years to one-year. The new law takes effect in early December 2016.

Under the existing law, parties seeking a no-fault divorce had two options. The first option required both spouses to consent to the divorce and sign an affidavit confirming their consent. In cases where one spouse would not consent, or did not want a divorce, the other spouse was forced to wait until the parties had been separated for two-years before proceeding with a divorce or even reaching the point where the parties could request that the court divide marital assets.

When the new law becomes effective on or about December 3, 2016, the waiting period will be shortened to one-year, allowing the party seeking the divorce to move forward sooner. Proponents of the new law believe it reduces the emotional strain on families, which the two-year waiting period seems to exacerbate. Going forward, once the parties have been separated for one year, the party seeking a divorce can file an affidavit with the court confirming the date of separation and that the marriage is irretrievably broken. If the defendant does not contest the separation date, the case can proceed to a hearing on equitable distribution, once other necessary filings are made. If property and support issues have already been resolved, a divorce decree can be issued ending the marriage.

While fault divorces are still an option, the majority of Pennsylvania divorces are no-fault divorces, which means one spouse does not have to prove wrong-doing on the part of the other. Fault divorces can be expensive, time consuming and emotionally draining, due to the legal requirement of having to prove the wrong-doing of a spouse.

If you are considering a divorce call and schedule a consultation with an attorney at Willig, Williams & Davidson.