Compassionate Ambler Law Offices, LLC Attorneys

Divorce can be a hard and emotional process, especially when you are unsure of what legal options are available to you. In Pennsylvania, there are two main types of divorce: fault-based and no-fault. Regardless of whether you are separating on good terms or it is a contentious breakup, understanding the process can help you take your next step with clarity and confidence. 

A fault-based divorce is when one spouse’s actions are the direct reason the other is seeking the divorce. These reasons must relate to the conduct of one spouse and be so serious that the court will grant the “innocent and injured spouse” a divorce. A spouse may file for a fault-based divorce if the other spouse committed adultery, deserted them without reasons for more than one year, endangered their life through cruel or barbarous treatment, knowingly and willfully committed bigotry, committed bigamy, was imprisoned for more than two years, or acted in a way that made life intolerable. To proceed with a fault-based divorce, the court will typically require the filing spouse to provide evidence of the claims. Having an experienced family law attorney can help you navigate this process. 

In contrast, most divorces in Pennsylvania are filed through a no-fault, or mutual consent, divorce. This means that neither spouse is legally “at fault” for the end of the marriage. Instead, both spouses must agree that the marriage is irretrievably broken and that they no longer wish to be married. In a no-fault divorce, both spouses must agree to the divorce and then must wait a period of time before the divorce can be finalized. Pennsylvania law requires that the parties live separately and apart for at least one year before the divorce can be finalized. During that period, it is recommended the parties negotiate a settlement that can help to avoid litigation. Often, an attorney is useful in helping reach this settlement. 

If litigation is needed, the courts may need to decide on child custody, child support, spousal support, and other important issues.

Choosing between a fault and no-fault divorce depends on your specific circumstances. Fault-based divorces are typically more complicated and expensive. Because the spouse filing for divorce must prove their claims in court, these divorces involve more hearings and legal preparation. No-fault divorces, on the other hand, tend to be simpler and quicker, typically involving minimal court hearings and agreements between the parties. 

One key difference between the two is timing. Fault-based divorces do not have a waiting period, which can be important in situations of abuse or violence. It is important to note that Pennsylvania law does not consider fault-based reasons when distributing marital property. The fact that your spouse abused you would make no difference in the eyes of the law when dealing with property. The courts do take fault into account when awarding, or not awarding, spousal support, alimony, or when determining child custody and visitation. 

To begin the divorce process in Pennsylvania, one spouse must submit a legal form called the “Complaint for Divorce” in the appropriate jurisdiction. The complaint includes both individuals' names and addresses involved along with the type of divorce that is being sought. This document also includes any requests related to custody, support, or property division. To obtain a divorce in Pennsylvania, at least one spouse must be a bona fide resident of Pennsylvania for at least 6 months preceding the filing of the Complaint.

Once a Complaint is filed, the other spouse will be served with the paperwork. That spouse has 20 days to respond, otherwise the court can move forward with the divorce without them. If they do respond, they will typically either respond with a general denial answer or with a counter-complaint against their spouse. All stages of the divorce will be monitored by the court to ensure that the needs of both parties are taken into consideration. 

Once all outstanding issues have been settled either by negotiation or the court, a divorce decree will be issued. This document officially ends the marriage and outlines the terms for custody, support, property, and any other remaining matters. If either party disagrees with the decision and is unhappy, they may challenge it by submitting additional information and requesting further review. 

If you are considering filing for divorce in Pennsylvania, whether fault-based or no-fault, it is important to have an attorney that you can trust. The family law attorneys at Ambler Law Offices, LLC may be able to help guide you through each step of the process. Call today for a consultation at (717) 525-5822. Divorce consults typically are paid consults, and require at least an hour of attorney time. It is important to note that we limit the number of contested divorce cases we accept at any given time, to ensure each case is given adequate attention.

The above information is general information only and is not intended to provide legal advice.