What Happens During the 90-Day Cooling-Off Period in PA?
Pennsylvania has a 90-day cooling-off period for divorce cases. This means that once you file for divorce, you cannot finalize it for at least 90 days.
But this does not mean you and your spouse can’t work on divorce-related tasks during the 90 days. Learn how the Pennsylvania divorce waiting period works below.
How Does the 90-Day Cooling-Off Period Work?
The waiting periods in Pennsylvania divorce cases depend on the circumstances and on whether both spouses consent to the divorce.
In a no-fault divorce, meaning the case does not meet any of Pennsylvania’s fault grounds, a 90-day waiting period applies after filing. If, after this period, both spouses agree to divorce, they sign a consent form and move forward. The 90-day window gives both spouses ample time to consider their decision.
When one party is not in agreement on divorce after 90 days and no-fault grounds apply, the couple must be separated for at least one year before they can proceed.
Meanwhile, if fault grounds are met in the divorce, there may be no waiting period. Speak with your attorney to find out if a waiting period applies to your Pennsylvania divorce.
What You Can Discuss During the Waiting Period
What happens during the 90-day divorce waiting period? You and your spouse are welcome to begin negotiations and even settle your divorce during this time. You simply cannot finalize the divorce (with the court) until the waiting period is over.
This means that you and your spouse can start working out issues such as:
- Alimony
- Child custody
- Child support
- Division of assets
It may make sense to live separately during the cooling-off period. You can start planning where you each will live after the divorce and begin to separate your belongings. Before you do anything, it is important to talk to our team. Anything you take or buy during the cooling-off period could cause problems in the long-term.
You can also hire an attorney and participate in mediation sessions.
What if One Spouse Won’t Sign the Consent To Divorce After 90 Days?
If one spouse does not consent to the divorce after the 90-day waiting period, the couple must meet the requirements for an “irretrievable breakdown” divorce, meaning the marriage has broken down beyond repair and cannot be repaired. This requires both spouses to live separately for at least one year, even if they still share the same residence. It also involves filing an Affidavit of Separation or submitting proof of separation.
If they remain in disagreement after a full year, the divorce may be contested. An attorney can provide guidance on how to proceed.
Karen Ann Ulmer, P.C., Can Provide Legal Guidance Through Divorce
The Pennsylvania divorce waiting period gives many couples pause, but it does not have to significantly delay your divorce. You can continue working through essential matters in the meantime.
Karen Ann Ulmer, P.C., provides experienced divorce representation in Pennsylvania and New Jersey. Request a confidential consultation about your case today at (866) 349-4907.
