No-fault divorce in Pennsylvania allows couples to dissolve their marriage without the need to prove wrongdoing by either party. This process can often be less contentious and more straightforward than traditional fault-based divorces. It does not always mean a simple divorce. If there are no assets, no debts and no claims for Alimony it can be simple and can be done out of court on the paperwork alone. Do not, however, confuse No-Fault with a Simple, inexpensive divorce.
What is No-Fault Divorce?
In a no-fault divorce, neither spouse has to prove that the other did something wrong. Instead, they can simply state that the marriage is irretrievably broken. This approach aims to reduce conflict and allow both parties to move on with their lives more peacefully.
Grounds for No-Fault Divorce in Pennsylvania
In Pennsylvania, there are two primary grounds for no-fault divorce:
- Irretrievable Breakdown: A spouse can file for divorce if the marriage has broken down irretrievably. This can be established if the couple has lived separately for at least one year. It does not require the other side to agree to the divorce.
- Mutual Consent: If both parties agree to the divorce, they can sign paperwork agreeing to get grounds for divorce 90 days after the divorce is filed.
Simple No-Fault Divorce vs. No-Fault Divorce that is not so simple
A Simple No-Fault Divorce means that you are not raising and the other side is not raising any claims to divide assets, debts or Alimony. This means that once a divorce goes through, you are responsible for the debts in your name and you keep the assets in you name. You cannot get anything from your spouse. Since it is simple, they are much more affordable as less time is spent. They also are much quicker. If you are already separated a year when you file, the divorce can be done fairly quickly. If you have not been separated a year, you will need to wait the 90 days before you can ask for a final divorce. If you have assets in joint names or if your spouse has assets such as a pension, retirement, etc. You should not choose this route. Consult with an attorney.
A No-Fault Divorce that is not so Simple is one where you will still get divorced through no fault of the other, but that there will be division of assets and debts and possibly an Alimony Claim. It is not so simple as it will require an agreement and if no agreement is reached, it will require Court. Since the amount of time is unpredictable, it will almost always be more expensive as most lawyers will charge hourly for their time to do these types of divorces.
In either type of No-Fault Divorce, you should consult an attorney prior to deciding what
route to take.
