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Divorce is not an easy legal matter, especially when you realize that all 50 states adhere to different divorce processes; however, if you’re interested in a Pennsylvania divorce, you’ve come to the right place. Here are three things you didn’t know about Pennsylvania divorce.
Three Things You Didn’t Know About Pennsylvania Divorce
1. There Are Two Types of Divorce
There are two types of divorce in Pennsylvania: no-fault and fault-based. Fault-based divorces allow the petitioner to accuse the other spouse/domestic partner of “causing” the divorce. In these scenarios, the one who files a fault-based divorce may be entitled to more alimony and property depending on the stated cause of the divorce (e.g., marital infidelity).
The petitioner files a no-fault divorce when there is no legal cause for the split. If both parties agree to the no-fault divorce, then they both submit an Affidavit of Consent confirming the divorce. The parties can seek a decree after just 90 days in this scenario.
2. No-Fault Doesn’t Require Consent
Often, one spouse does not consent to the divorce. In these scenarios, the couple must not cohabitate for one year; then the petitioner can pursue the divorce, even if the other spouse wants to stay together.
3. Equitable Division
Pennsylvania is an “equitable division” state, meaning that the marital estate is divided fairly, not necessarily evenly. A judge will use past judgments and the circumstances surrounding the divorce to determine what’s fair in cases that go before the court.
We hope this blog post helps you think through your divorce. If you have yet to secure divorce representation for your case, or if you are unsatisfied with your current representation, consider O’Malley Law Office. With decades of combined experience representing families through their divorces, our family law attorneys are more than capable of handling your case!
Contact us online or call (570) 284-3551 now for a free consultation!