In Pennsylvania, there are two forms of divorce: fault and no-fault. Fault divorces are very uncommon and can be expensive to prosecute. Pursuing a fault-based divorce often does not enhance the moving party’s economic claims. The no-fault divorce is far more common in Pennsylvania. A no-fault divorce can either be entered by consent or by the court in the event that there is not consent from both parties.
Both parties can consent to the entry of a divorce decree at any time after 90 days from the date the divorce complaint is served. If both parties file an affidavit consenting to the entry of a divorce decree, the parties can execute the necessary documents and request a decree from the court. However, the court cannot force parties to consent to a decree and sign the necessary documents.
In the event that one party does not consent to the entry of a divorce decree, the parties must be separated for two years before a party can ask the court to enter a decree in divorce.
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A number of issues can arise relating to consenting to a divorce or withholding consent.
The attorneys at BGMS are experienced in identifying those issues and explaining them to our clients so that informed decisions can be made.
Contact us for more information or to schedule an appointment.
Bunde, Gillotti, Mulroy & Shultz, P.C.
Suite 500 • Benedum-Trees Building
223 4th Avenue
Pittsburgh, PA 15222