Deciding to get a divorce is never an easy choice, and it becomes even more challenging when one spouse is not willing to end the marriage. Fortunately, Pennsylvania law offers options for both no-fault and fault-based divorces, allowing individuals to proceed with the process even if their spouse is not on board. In this article, we will explore the necessary information about obtaining a divorce in Pennsylvania when your spouse doesn’t want one.
No-Fault Divorce: A Peaceful Option
Pennsylvania allows individuals to file for a no-fault divorce if they have been separated from their spouse for at least one year, with one or both parties intending for the separation to be permanent. The advantage of a no-fault divorce is that it does not require proof of wrongdoing by the spouse, and their agreement is not mandatory.
To initiate a no-fault divorce in Pennsylvania, one spouse must file a Complaint for Divorce with the court. Following this, the other spouse has 30 days to respond to the complaint. If they fail to respond within this timeframe, the divorce can proceed without their agreement.
Fault-Based Divorce: Exploring Alternate Paths
For those who do not wish to wait a year to obtain a divorce or whose spouse refuses to agree to a no-fault divorce, a fault-based divorce might be an alternative solution. In Pennsylvania, the following reasons for fault-based divorce are recognized:
- Adultery
- Desertion
- Cruelty
- Bigamy
- Imprisonment
In order to pursue a fault-based divorce, it is necessary to present evidence to the court supporting the claim that your spouse engaged in one of these behaviors. Such evidence may include testimonies from witnesses, emails, text messages, or any other relevant material.
What If My Spouse Refuses to Respond?
In cases where a spouse receives notice of the divorce proceedings but opts not to participate, the court can proceed with the divorce without their agreement. However, this can complicate the process, as it may require proving to the court that your spouse was properly notified and had the opportunity to respond.
If you are unable to locate your spouse or they refuse to respond to the divorce complaint, you may have the option to pursue a default divorce. This means that the court will grant the divorce in your favor without your spouse’s agreement.
Seeking Professional Assistance
Going through a divorce is undoubtedly challenging, especially when your spouse opposes the idea. If you are considering a divorce in Pennsylvania, it is essential to seek the guidance of a knowledgeable and experienced attorney who can navigate the legal process on your behalf. Regardless of whether you opt for a no-fault or fault-based divorce, an attorney will protect your rights and strive to secure the best possible outcome for your case.