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Why You Want a Mutual Consent Divorce

Posted By Cairns Law Offices || 8-Mar-2016

In many states, a spouse can be granted a divorce in about 6 months as long as he or she wants out, for example, this is the case in California, the state that spearheaded the "no-fault" divorce. Meaning, a spouse can get a divorce so long as he or she wants it, regardless if their husband or wife is okay with the split.

In Pennsylvania on the other hand, it's not that easy to obtain a divorce when one spouse won't have it. It all comes down to whether both spouses are willing to obtain a divorce or not.

Pennsylvania divorces come in four varieties: 1) mutual consent divorce, 2) two-year separation divorce, 3) the fault-based divorce, and 4) mental hospital. Of these, the most common types of divorces sought are the mutual consent and the two-year separation divorces.

Fault-based divorces are old fashioned, but they still exist. With these divorces the plaintiff must prove that they are innocent and their spouse is responsible for the breakdown of the marriage. These are usually based on adultery, domestic violence, imprisonment and abandonment.

While your circumstances may involve cheating or emotional abuse, you may want to steer away from this kind of a divorce because it's typically very expensive. Second, you must be able to prove that your spouse had an affair or mistreated you, and these things can be difficult to prove.

The two-year separation divorce applies to situations where one party refuses to consent to the divorce. In this case, the parties must be separated for a full two years before the courts can grant the divorce.

Divorce in as Little as 90 Days

Finally, we are going to discuss the "mutual consent" divorce, which we believe is the ideal type of divorce to pursue. With this divorce there is no two-year waiting period, you don't have to hire a private detective to prove wrongdoing, nor do you have to pay extra court and attorney fees.

With a mutual consent divorce, you can obtain a divorce as soon as 90 days after the complaint is served upon your spouse. During that 90-day waiting period, you, your spouse and your attorneys reach a settlement agreement that addresses property and debt division, child custody and support, and spousal support (if any).

Once a settlement agreement is reached, the judge approves it and grants the divorce. The day your divorce is finalized, you're free to remarry if you so choose.

If you're interested in obtaining a fast, mutual consent divorce in Pennsylvania, contact Cairns Law Offices to learn all about our affordable, no-fault divorces!