No-Fault Divorce in Pennsylvania

The need for a divorce can occur for many reasons. Perhaps your spouse did something to ruin your marriage, or maybe the two of you are unable to settle your differences. In any case, ending a relationship can be difficult for everyone in your family.

The Pittsburgh divorce lawyers at Pittsburgh Divorce & Family Law, LLC understand how stressful this process can be. Attorney Anthony Piccirilli has dedicated his career to helping good people get through these types of life challenges and can show you how to settle your divorce as quickly as possible. He will do everything in his power to help your case reach the best possible outcome.

Understanding a No-Fault Divorce

In Pennsylvania, the most common type of legal separation is referred to as a no-fault divorce. This means that neither spouse is exclusively responsible for the breakdown of the marriage and the reasoning behind the divorce involves the relationship being irretrievably broken. Common reasons for applying for a no-fault divorce include, but are not limited to:

• Mutual Consent: Both spouses agree that the marriage is broken beyond repair. In cases involving domestic violence or another form of abuse, the consent of the abusive spouse is automatic.
• Institutionalization: One spouse has been diagnosed with a serious mental condition and is confined to a facility. The spouse must be absent from the marriage for more than 18 months, with no hope of the spouse returning home in the next 18 months.
• Irretrievable Breakdown: Both spouses have been separated for more than two years. This occurs because the marriage cannot be repaired.

Filing for a No-Fault Divorce

For a divorce by mutual consent, the legal process begins with one spouse filing a divorce complaint with a local court. In order to file for divorce, one spouse must reside in the state of Pennsylvania for more than six months. Once the spouse filing for divorce, commonly referred to as the plaintiff spouse, submits the initial complaint, they have 30 days to provide the other spouse with divorce papers. These documents can be hand delivered or sent through the mail. Once 90 days have passed since the original filing date, both spouses must sign an affidavit of consent. This document simply states that the spouse agrees to the divorce and acknowledges the irreparable nature of the marriage. Once a judge has reviewed all of the documents, the divorce will be finalized.

Filing for a divorce on the grounds of irretrievable breakdown follows a similar process. Just as with a divorce by mutual consent, a spouse may file for divorce if they believe that the relationship has suffered irreparable damage. However, with this type of divorce, the other spouse does not cooperate. The defendant spouse may argue that the marriage is not irreparable or that the couple has not been separated for more than two years, yet another requirement that must be fulfilled. In these cases, the spouse who is opposed to the divorce is given the chance to make their case in court. The judge may then decide whether to approve or deny the divorce request.

Let Anthony Piccirilli Protect Your Rights

If you are currently involved in a divorce, you are likely worried about going through a confusing and lengthy legal battle. The factors considered by the courts vary by case, making the process of ending your marriage that much more confusing. If you and your spouse do not get along, having to reach a divorce agreement may seem all but impossible. At Pittsburgh Divorce & Family Law, LLC, our Pittsburgh divorce lawyers realize that a divorce can uproot everything you have worked hard to establish. Attorney Anthony Piccirilli can be your voice in this difficult time and will passionately pursue actions that will only be beneficial.

Call (412) 471-5100 now to see how your divorce can reach a positive outcome.