Overview of an Uncontested Divorce in Pennsylvania

If you are looking for a brief overview of a PA uncontested divorce, it is important to note that there are two types of divorce offered within the state: fault or no-fault.

PA Uncontested Divorce

The state of Pennsylvania considers an uncontested divorce to be a “no-fault” divorce. This simply means that both parties are in mutual consent and feel that there is no way to repair the marriage. Furthermore, it means that there was no party at fault regarding the dissolution of the marriage. There was no adultery or immoral behavior that spawned the divorce, therefore the state of Pennsylvania considers it a no-fault divorce.

Legal Requirements

In order to be granted an uncontested divorce there are certain factors that must be met:

The main factor is that both parties should have been living completely apart for at least two years.
The court must determine that the marriage is over without a hope of reconciliation.
It is at this point that the divorce will be considered partially uncontested.
A completely uncontested divorce occurs when a mutual agreement has been reached on issues such as alimony, child support and property division.

Should You have an Uncontested Divorce?

Many people consider an uncontested divorce to be a less complex divorce because both parties are in mutual agreement of the terms of the divorce. The only drawback is that there are a number of forms that will need to be filed at the local courthouse. You will need to file:

A Civil Coversheet,
A Notice to Defend and Claim Rights,
A Complaint in Divorce,
An Affidavit,
A Court of Common Pleas Intake form,
A Domestic Relations Income and Expense Statement and
A Notice of File Social Security Numbers form.

These forms will initiate the divorce proceedings in the state of Pennsylvania. Supplemental forms also may be required 90 days after this paperwork has been filed.

Getting Legal Help

Always consult with an attorney to make sure that you are on the right track. Often the proper procedure for filing for an uncontested divorce may seem a little overwhelming due to the large amount of paperwork that needs to be filed. This is why a divorce lawyer could probably provide a more in depth overview of an uncontested divorce in Pennsylvania.

Another issue is that in the state of Pennsylvania the divorce filing fees may vary from city to city. A preset filing fee in Pittsburgh may be completely different in Philadelphia. It is best to check your local court to see what filing fees are required of you if you plan to represent yourself during the divorce. Keep in mind that in order to file for the no-fault uncontested divorce, the state of Pennsylvania requires a separation period of at least two years. This means that you cannot live at the same location as your estranged-spouse. If you need additional information or a more in depth overview of an uncontested divorce in Pennsylvania, you should consider speaking with a law mediator or family law attorney.

Thinking About Divorce?