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.
If you are interested in saving time and money and want a simple, uncontested, no-fault Pennsylvania divorce, contact Attorney Jim Cairns at 888-863-9115 or email him at jdc@mypadivorcelawyer.com.
The fasted way to learn more about the divorce process is to go to The Divorce Wizard. The Divorce Wizard analyzes your specific case, qualifies you for a simple, no-fault, uncontested Pennsylvania divorce, gathers the required information needed to start your case, and calculates your fees. There is no obligation. We also prepare marital settlement agreements, name changes, and Pennsylvania property deed preparation.
