What constitutes a no-fault divorce?
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What constitutes a no-fault divorce?

On Behalf of | Jan 16, 2024 | divorce

The Centers for Disease Control and Prevention reported the Pennsylvania divorce rate in 2021 was 2.4 per 1,000 people. Each divorce can occur in different ways, but it does not always have to be combative.

In Pennsylvania, couples have the option to pursue a no-fault divorce. To do this, there are specific requirements to meet.

Mutual consent

A no-fault divorce can occur if both parties agree that the marriage is irretrievably broken. Mutual consent is the key to a no-fault divorce because it does not allow for placing blame on each other.

Both spouses must file an Affidavit of Consent to affirm their agreement to the divorce. This documents the understanding of the irretrievable breakdown of the marriage. It also consents to proceeding with the divorce process.

Waiting period

A key requirement for a no-fault divorce is the completion of a mandatory waiting period. The state imposes a waiting period of at least 90 days from the service date of the divorce complaint. The waiting period allows spouses to contemplate their decision.

Resolution of issues

Couples must also resolve all financial issues. These issues include the division of marital property, alimony and child custody and support. The couple must file a properly drafted Marital Settlement Agreement. This legal document outlines the agreed-upon terms of the divorce. It also can contribute to

A no-fault divorce in Pennsylvania is simply an agreement between a couple to end the marriage with no issues. It simplifies the situation and can help to make the divorce move more quickly. Plus, it can contribute to making the process more respectful and cooperative.


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