Grounds for divorce in Pennsylvania are of two kinds, “fault” and “no-fault.” “Fault” divorces are very costly, time consuming and may require court testimony and an appearance by the Plaintiff, while “no-fault” divorces without issues do not.
“No-fault” grounds can be established under one of two ways:
- Mutual consent. The court may grant a divorce where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of commencement of an action under this part and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce; OR
- Irretrievable breakdown. The court may grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken and the defendant does not deny the allegations set forth in the affidavit.
You may use the forms available on the Flash Divorce site to secure a “no-fault” divorce. These forms are designed to allow the parties to represent themselves in court, but if you anticipate proceeding on “fault” grounds or you cannot come to an agreement on the issues mentioned above, you will want to retain a divorce attorney.