If you are seeking a divorce in Pennsylvania, it is important to understand all of the legal obligations you have, including adhering to a waiting period. Family law can be complex, so it is important that you work with an experienced York County, PA divorce attorney for skilled representation during your case.
Does PA Require a Waiting Period for Divorce?
Yes, Pennsylvania state law requires that couples seeking a divorce endure a waiting period before the judge can issue the final decree. The imposed timeframe will vary, however, depending on the details of the divorce.
When both spouses agree to the divorce, it is referred to as a “mutual consent divorce.” Each spouse is required to sign and file a consent affidavit stating that the marriage is irretrievably broken. Mutual consent divorces require a 90-day waiting period after the claim is filed.
If one spouse wants to file based on no-fault grounds but the other spouse does not consent to the divorce, the waiting period is extended. In order to file a no-fault divorce without the other spouse’s agreement, the two must separate and live apart for one year before the divorce can proceed.
What is the Purpose of a Waiting Period?
It may feel frustrating to know that you are required to wait before you are able to officially terminate your marriage. While it may seem pointless, the waiting period is designed to ensure both parties are completely sure of their decision and are choosing the path that is right for them.
The waiting period is intended to give couples time to reconsider and explore reconciliation. Getting divorced is a big decision, and filing the paperwork could have been done in the heat of the moment or based on an impulse. The waiting period requires you to think through your choice.
It also allows couples time to negotiate the details of the divorce on their own. Before the divorce can be issued, you must settle on relevant issues like property division, debt allocation, alimony, child custody, and child support. If you and your spouse can resolve these issues during the waiting period, it can help save time and money on legal costs.
Are There Exceptions?
The waiting period can be waived if the filing spouse claims fault-based grounds. Under PA Code Title 23 § 3301, a spouse can file a fault-based divorce for the following reasons.
- Willful and malicious desertion for one year or longer
- Adultery
- Cruel and barbarous treatment
- Bigamy
- Imprisonment for two or more years
- Behavior that makes the spouse’s life intolerable and burdensome
The waiting period does not apply for fault-based divorces, and the filing spouse can proceed before the standard 90-day period has expired. However, it is important to keep in mind that the filing spouse has an obligation to provide evidence demonstrating the fault-based ground.
