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What happens after filing for divorce in PA?

By David Osborn

After the complaint is filed, there is a 90-day waiting period. Each party then files a sworn statement that the marriage is irretrievably broken and that each wants a divorce, and asks the court to grant it. This type of no-fault divorce is often called a mutual consent divorce.

Does it matter who files for divorce first in PA?

Does it matter who files a Pennsylvania uncontested divorce first? Accordingly, the person who files the divorce first controls the divorce process because if the other spouse files later, the spouse who filed first can have the second divorce dismissed (knocked out of court).

How long can a spouse drag out a divorce in PA?

Act 102, which takes effect in 60 days, reduces the waiting period for unilateral no-fault divorce from two years to one. That means a spouse will need to wait only a year before obtaining a divorce without the other spouse’s consent.

Can a spouse file for divorce in Pennsylvania?

While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time. Pennsylvania permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court.

When to file for no fault divorce in PA?

Couples can also file for a no-fault divorce after living apart for one year. After that time, only one spouse needs to file an affidavit declaring the marriage irreparable. In 2016, Governor Tom Wolf of Pennsylvania signed a new state law that reduced the waiting period for no-fault divorce from two years to one.

How long does it take to get a divorce in PA?

The receiving court official will stamp the date and time on the documents when they are accepted. After filing all official Pennsylvania divorce papers successfully, the complainant has thirty days to serve the other party. If the other party lives outside Pennsylvania, the complainant has ninety days to complete service.

How to waive divorce filing fees in PA?

If the complainant does not have funds to pay for a divorce, Pennsylvania may opt to waive filing fees. To qualify for this waiver, the filing party must fill out an additional form called In Forma Pauperis.