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What Does No-Fault Divorce Mean in PA?

In Pennsylvania, a no-fault divorce is a dissolution of marriage in which neither party blames the other for the breakdown of their union. This allows the couple to achieve a more peaceful and dignified divorce because neither person has to prove their spouse's guilt to a court.

The no-fault method allows the divorce decree to be processed in as little as 14 days if both spouses agree to and sign the decree. You should go to The Divorce Wizard for a free case analysis and see how long it will take in your situation.

Although Pennsylvania does not recognize any form of legal separation, a no-fault decree can be filed without one spouse's consent if the marriage is irreparably broken and the couple has been separated for a minimum of two years.

• Related: How Long Will it Take Before my Pennsylvania No-Fault Divorce is Final?

Premium Divorce Services Without the Premium Price

At the Cairns Law Offices, we handle no-fault, uncontested divorces exclusively. The Cairns Method of Obtaining an Internet-Based Divorce℠ allows our clients to achieve a simple divorce quickly and at the most affordable price possible in the state of Pennsylvania: $299 complete, including legal fees and court costs. There are no hidden fees. Our experienced lawyer uses technology to ensure that your divorce is processed accurately and quickly, and you will receive regular updates on the status of your divorce.

If you are interested in a Pennsylvania no-fault divorce, you can find out more about the professional services we offer:

• Child Custody 
  Though our firm does not offer representation in child custody battles; we do handle divorces in which both spouses agree on the details of custody after their divorce. We can prepare a child custody agreement to simplify the divorce process.
• Debt Division 
  It is common for couples to have debt when they divorce. In this type of situation, the couple must determine if they will work together to repay the debts after their divorce or split the debts to avoid contact once the divorce is finalized. To eliminate the conflict that arises from miscommunication or misunderstanding, an attorney from our firm can prepare a debt division settlement agreement.
• Family Law 
  We understand that divorce is difficult on families, which is why we have made the process as simple and affordable as possible. Our internet-based approach to no-fault divorce helps our clients obtain quick divorces so that their families can begin their new lives sooner.
• Military Divorce 
  When one or both spouses are active in the United States military, there can be unique challenges to obtaining a divorce. Our experienced attorney works with clients seeking military divorces to find the best solutions to their special situations. We are committed to processing our clients' military divorces as soon as possible.
• Preparing Settlement Agreements 
  A legal agreement between divorcing spouses that specifies what will happen to children or any shared property after the divorce is finalized can reduce conflict and confusion. Hiring our firm to prepare a settlement agreement guarantees that both parties are clear on the settlement specifics.
• Property Division 
  When a couple divorces; they must choose the best way to divide their property. Once they have decided how their property will be divided, our lawyer can prepare a property division agreement. This legally binding document ensures that both parties respect the agreement that was reached.

Contact our divorce lawyer by calling (888) 863-9115 today!

DO I NEED A REASON TO GET A DIVORCE IN PENNSYLVANIA?

The quick answer is "not necessarily." In Pennsylvania, there are two kinds of divorces: "no-fault" and "fault" based " divorces. At Cairns Law Offices, we handle "No-fault" divorces" where your spouse is cooperative and will sign the divorce paperwork. You need to know where your spouse resides so you can "serve" him/her the divorce complaint. These kinds of divorces are sometimes called simple divorces or uncontested divorces, and are by far the easiest and most affordable way to get divorced in Pennsylvania. The divorce complaint must state that there is an irretrievable breakdown of the marriage.

• If you have been separated for less than 1 year, then you can get divorced under section 3301(c) of the Pennsylvania Divorce Code. There is a 90 day waiting period (called a "cooling off" period) that begins once your spouse signs an acceptance of serviced of the divorce complaint that we will prepare for you. If your is cooperative and will sign all divorce paperwork, then we can get you this type of divorce in as little as 3.5-4 months if you use our RUSH divorce service.
• If you have been separated 1 year or more, then you can get divorced under section 3301(d) of the Pennsylvania Divorce Dode. With a 3301(d) divorce, you do not have the 90 day waiting period. In addition, we use a special waiver that allows the divorce to move along even faster. The fastest divorce decree we have obtained for our clients is 14 days from the court filing date to the granting of the Pennsylvania divorce decree. Normally, however, it takes about 4-8 weeks for the divorce decree to be granted by the court if you use our RUSH divorce service.

If you are looking to obtain a "fault" based Pennsylvania divorce, there are several possible grounds upon which to file, including indignities, adultery, desertion and other marital wrongs. If you are the defendant in a fault-based divorce there are defenses that you can claim, as well. Some defenses for "fault" divorce include "condonation" ( where your spouse has forgiven you by moving back in the same home with you, or by having sexual relations with you again) and "recrimination" (this is where your spouse (the accusing party) is also guilty of acts which would be grounds for a fault-based divorce.

The grounds may be the same acts that you were accused of doing, such as desertion or committing adultery). The reason for fault-based divorces is related to one party trying to get a favorable property division. Fault-based divorces tend to cost the most, since lawyers are often involved and battles can be long and stressful.

Does it Matter Who Files for Divorce First in Pennsylvania?

Contrary to popular belief, it does not matter who files for divorce first, as long as both spouses are residents of the state. The judge will utilize fair principles when analyzing the case. Also, it's important to remember that just because spouses live in different counties of Pennsylvania does not mean that they can have their case heard in their county of residence. The case generally will be heard at the Court of Common Pleas of the defendant’s county, or in the county of matrimonial residence. However, the case can be heard in plaintiff’s county with the agreement of the defendant.

Common Mistakes During Divorce

• Failing to Understand Your Finances: Many people are unaware of their complete financial situation, including assets, debts, and expenses, which can lead to unfavorable settlements.
• Not Considering the Tax Implications: The tax consequences of divorce can affect asset division and alimony. Failing to consider these can result in unexpected financial burdens.
• Letting Emotions Drive Decisions: Decisions made in anger or sadness can have long-term negative consequences on your financial and emotional well-being.
• Neglecting the Impact on Children: Overlooking how the divorce process and its outcomes affect your children can lead to decisions that are not in their best interest.
• Skipping Legal Advice: Attempting to handle the divorce process without legal guidance to save money can end up costing more in the end due to overlooked details or errors.

A divorce attorney plays a critical role in avoiding these and other mistakes commonly made during the divorce process. They bring a wealth of experience and knowledge, ensuring that you fully understand your financial situation, helping to manage the emotional turmoil, and providing advice on the legal and tax implications of decisions. Their objective perspective can guide you in making choices that are beneficial in the long term, both for you and your children. Furthermore, an attorney can handle negotiations and paperwork, reducing stress and the likelihood of errors that could delay proceedings or lead to unfavorable outcomes. By investing in the services of a skilled divorce attorney, you can safeguard your interests and set the stage for a more positive post-divorce future.

How to Choose an Attorney for a Divorce in Pennsylvania

Selecting the right attorney for your divorce is a critical decision that can significantly impact the outcome of your case. Divorce laws can be complex and the emotional stakes high, which means finding an attorney who is both experienced and empathetic is essential.

First, consider the attorney's experience and specialization. It's important to choose an attorney who specializes in and has extensive experience handling divorce cases in Pennsylvania. Familiarity with local court systems and judges can provide a strategic advantage, potentially leading to a more favorable outcome.

Next, evaluate the attorney's reputation and client reviews. Personal recommendations from friends or family can be valuable, but also take the time to read online reviews and testimonials. Look for patterns in the feedback – consistent praise for an attorney's communication skills, professionalism, and successful case outcomes can indicate a reliable choice. Conversely, repeated complaints about poor communication or unsatisfactory results should raise red flags.

Communication is another vital factor. Your attorney should be someone you feel comfortable talking to, as you will need to share personal and sensitive information throughout the process. During your initial consultation, assess whether the attorney listens attentively, answers your questions clearly, and explains the legal process in understandable terms. A good attorney should also be responsive, returning your calls and emails promptly.

Cost is also an important consideration. Discuss the attorney's fee structure upfront to ensure it aligns with your budget. Some attorneys charge hourly rates, while others may offer flat fees for specific services. Make sure you understand what services are included in the fee and any additional costs that may arise.

Lastly, trust your instincts. The attorney-client relationship is built on trust and mutual respect. If you feel confident in an attorney's abilities and comfortable with their approach, you are likely to have a more positive experience throughout your divorce proceedings. Choosing the right attorney can help you navigate the complexities of divorce with greater ease and peace of mind.

Have More Questions about Divorce in PA? See Our Related Blogs

• Grounds for Divorce in Pennsylvania
• Residency Requirement for Divorce in Pennsylvania