Uncontested Divorce

An uncontested divorce is commonly referred to as a “no-fault divorce” meaning that a divorce may be obtained without regard to marital fault. The relevant issue in no-fault or uncontested divorce is whether the marriage is “irretrievably broken.” The Pennsylvania Divorce Code defines an irretrievable breakdown as “estrangement due to marital difficulties with no reasonable prospect of reconciliation.” 23 Pa.C.S.A. Section 3103. In addition to irretrievable breakdown either the consent of both parties or a separation of more than two (2) years is required for a Pennsylvania no-fault divorce.

1. Divorce with the Consent of Both Parties.

For the Pennsylvania Court to grant a divorce based on consent of both parties three requirements must be met: 1) A Complaint has been filed alleging irretrievable breakdown of the marriage, 2) more than 90 days have passed since the date of filing the Divorce Complaint with the Pennsylvania Court, and 3) each party has filed an affidavit consenting to entry of a divorce decree. If the parties fail to comply with the court procedures or time restraints, the Court may dismiss the divorce action. It is imperative that you seek legal counsel for all no-fault divorces.

2. Living Separate and Apart for Two Years or More.

The court will grant a divorce, at the request of either party where it can be proved that the marriage is irretrievable broken and the parties have lived separate and apart for two (2) years or more. Physical Separation from the marital home by itself will not satisfy the Pennsylvania Divorce Code. One of the parties must demonstrate an intent to terminate the marriage and such intent must be clearly communicated to the other spouse. On the other hand, it is possible to prove that the parties have been living “separate and apart” even if the parties continue to reside in the same household, whether for economic or other reasons. The separation must be a direct result of marital discord and not due to extenuating circumstances such as employment, military service or hospitalization.