Three Things You Didn’t Know About Pennsylvania Divorce

Divorce is not an easy legal matter, especially when you realize that all 50 states adhere to different divorce processes; however, if you’re interested in a Pennsylvania divorce, you’ve come to the right place. Here are three things you didn’t know about Pennsylvania divorce.

Three Things You Didn’t Know About Pennsylvania Divorce

1. There Are Two Types of Divorce

There are two types of divorce in Pennsylvania: no-fault and fault-based. Fault-based divorces allow the petitioner to accuse the other spouse/domestic partner of “causing” the divorce. In these scenarios, the one who files a fault-based divorce may be entitled to more alimony and property depending on the stated cause of the divorce (e.g., marital infidelity).

The petitioner files a no-fault divorce when there is no legal cause for the split. If both parties agree to the no-fault divorce, then they both submit an Affidavit of Consent confirming the divorce. However, if one spouse doesn’t want the divorce, they can contest the divorce. This brings us to the second topic of our blog post: unilateral divorce.

2. Unilateral Divorce Waiting Period

A unilateral divorce is when one spouse/domestic partner does not consent to the divorce. In these scenarios, the couple must not cohabitate for one year; then the petitioner can pursue the divorce. It’s important to note that a spouse can file for a divorce before the one-year mark, meaning the petitioner will then have to live apart from the contesting spouse for a year before the divorce can be finalized. 

3. Residency Requirement

A spouse must live in Pennsylvania for six months before he or she can file for divorce. Therefore, you cannot move to Pennsylvania and expect to file for divorce immediately. However, there is no required length of residency needed at the county level, which means you can file in any county if you currently live there.

We hope this blog post helps you think through your divorce. If you have yet to secure divorce representation for your case, or if you are unsatisfied with your current representation, consider O’Malley Law Office. With decades of combined experience representing families through their divorces, our attorneys are more than capable of handling your case!

Call (570) 391-0866 now for a free consultation!


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