When a couple reaches the difficult decision to end their marriage and pursue a divorce, numerous complexities must be addressed. Among these complexities, one of the most crucial issues is the grounds for divorce. In the state of Pennsylvania, divorce can be granted based on either fault or no-fault grounds. In this article, our focus will be on shedding light on the concept of no-fault divorce.
Understanding the No-Fault Divorce Concept
A no-fault divorce is a specific type of divorce where neither party is held responsible for the breakdown of the marriage. This means that neither spouse is required to prove any wrongdoing on the part of their partner in order to proceed with the divorce. Instead, the only prerequisite for a no-fault divorce is an "irretrievable breakdown" of the marriage.
Decoding the Notion of "Irretrievable Breakdown"
An "irretrievable breakdown" refers to a situation where the marriage has become unviable and cannot be saved. In Pennsylvania, to obtain a no-fault divorce, one spouse must assert that the marriage is irretrievably broken, while the other party must either agree to the divorce or fail to contest it.
Advantages of Pursuing a No-Fault Divorce
No-fault divorces tend to be less expensive and time-consuming compared to fault-based divorces. This is primarily due to the absence of a need to establish fault, which can often result in protracted and costly legal proceedings.
Moreover, no-fault divorces generally have the potential to be less acrimonious and contentious. When a spouse attributes fault as the reason for the divorce, it can lead to resentment and anger, which in turn can complicate the resolution of divorce-related matters such as the division of property and child custody.
The Process of Obtaining a No-Fault Divorce in Pennsylvania
To obtain a no-fault divorce in Pennsylvania, one spouse must initiate the process by filing a complaint with the court, asserting that the marriage is irretrievably broken. The other spouse then has the opportunity to respond to the complaint. If the other spouse agrees that the marriage is irretrievably broken, the court will grant the divorce.
In cases where the other spouse disagrees, the court may require a period of separation before the divorce can be granted. In Pennsylvania, the separation period can either be a mutual consent period of 90 days or two years of living apart. During this period, the couple must maintain separate living arrangements and refrain from engaging in sexual relations.
In Conclusion
No-fault divorce serves as a popular alternative for couples who wish to dissolve their marriage in a more amicable and cost-effective manner. In Pennsylvania, a no-fault divorce can be obtained without either party having to assign fault. However, should one of the parties contest the divorce, a period of separation might be necessary. If you are contemplating divorce in Pennsylvania, it is imperative to seek the guidance of an experienced family law attorney who can navigate you through the intricate process.