The process of obtaining a divorce in the United States involves adhering to specific legal procedures that vary from state to state. Among the most frequently asked questions is whether a waiting period is mandatory before getting divorced. In this article, we will explore this inquiry within the context of Pennsylvania and provide a comprehensive guide to navigating the divorce process in this state.
Overview Of Divorce Process In Pennsylvania
In Pennsylvania, individuals seeking a divorce can pursue either a fault-based or no-fault divorce. Fault-based divorces necessitate one party proving that the other party engaged in wrongful actions, leading to the dissolution of the marriage. These actions can include instances of cruel treatment, adultery, or other forms of misconduct. Conversely, no-fault divorces are granted based on the grounds of an "irretrievable breakdown of the marriage."
The divorce process in Pennsylvania involves several steps, including initiating a divorce complaint, serving the complaint to the other party, exchanging relevant information, engaging in settlement negotiations or attending a hearing if an agreement cannot be reached, and ultimately, submitting the divorce decree.
Waiting Periods for Divorce In Pennsylvania
Interestingly, Pennsylvania does not impose a mandatory waiting period for divorces, but rather enforces a "cooling-off" period following the filing of the divorce complaint. Known as the "90-day master rule," this requirement means that a divorce decree can only be issued after 90 days have elapsed since the initial complaint was filed.
The purpose of this rule is to offer both parties an opportunity to reflect upon their decision, evaluate the consequences of their actions, and consider their available options. During this period, individuals going through a divorce can typically use the additional time to reach agreements on matters such as the division of property, child support, child custody, and alimony.
Exceptions to the Rule
Although Pennsylvania does not mandate a waiting period before obtaining a divorce, there are exceptions where the 90-day rule may not apply. These exceptions include instances where:
- Both parties mutually agree to waive the 90-day waiting period.
- One party seeks a fault-based divorce on the grounds of the other party’s abusive behavior or adultery, potentially leading to the waiver of the 90-day waiting period.
It is important to note that even if a settlement agreement between the parties is quickly reached, the 90-day rule must still be observed before the divorce can be finalized.
Conclusion
In summary, Pennsylvania does not impose a mandatory waiting period before divorces can be granted. However, a 90-day cooling-off period is in place, providing individuals with an opportunity to reach mutually agreeable settlements or decide whether finalizing the divorce is the best course of action. While the divorce process can be intricate, seeking the guidance of an experienced family law attorney can simplify the proceedings and ensure an equitable outcome.