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We Both Want a Divorce, What's Next?

Posted By Cairns Law Offices || 6-Jun-2016

You and your spouse decided that after a long, hard look at your relationship, it's best that you go your separate ways. You may not agree on much else, but you both agree that it's time to get a divorce. So, what do you do next?

In Pennsylvania, divorce actions are the same as any other lawsuit. In order to get the divorce started, one of you will have to file a complaint with the court and the other spouse will have to be served.

If that spouse fails to respond, then the divorce can proceed anyway without him or her being represented by legal counsel or having their rights protected.

If your spouse decides to file the divorce action first and you receive the divorce complaint, you should consult with a Pennsylvania divorce attorney immediately; don't let days or weeks go by as you contemplate your impending divorce.

Your Mutual Consent Divorce

If you both agree on the divorce, then you are at an advantage. Whenever spouses agree on obtaining a "mutual consent" divorce, it means that the court can grant the couple's divorce as soon as 90 days after the complaint is served on the other party and the filing of their Affidavits of Consent.

On the other hand, if only one of the spouses wants a divorce and the other spouse is not willing to agree to the divorce, the couple must wait until they have lived separate and apart for a full two years, or it has to be at least two years since the divorce action was filed before the court can grant the divorce.

Whether the couple agrees to a mutual consent divorce, or if the couple does not agree and two years passes, both of these are considered "no-fault" grounds for a divorce.

In contrast, fault-based divorces require that an innocent and injured spouse proves that their husband or wife's misconduct, such as domestic violence, adultery, a criminal conviction, desertion, or insanity led to the breakdown of the marriage.

Are you interested in obtaining a "mutual consent" divorce in as little as 90 days? Learn more about our affordable "no-fault" divorces by contacting our office today!