FAQ: What Is A Simple, Uncontested, No-Fault Divorce?
In this type of divorce, nobody is at fault and nobody will be held responsible for causing the end of your marriage.
There are 2 types of simple divorce in PA:
- Mutual Consent Divorce- This is for you if you have been living together or have been separated for less than 2 years and both you and your spouse agree to be divorced. There is a 90 day waiting period that begins when the divorce is filed with the court. The sooner you file, the sooner your divorce can be granted by the court. If you and your spouse sign and return all of the paperwork that we prepare for your specific case when we tell you, then we can get you this type of divorce in about 4 months. We prepare and file ALL of the paperwork for your case.
- 2-Year Separation Divorce- This is for you if you have been continually separated for more than 2 years and both you and your spouse agree to be divorced. You may still live in the same residence at any time (even while separated). Instead of a 90 day waiting period, there is a 20 day waiting period from the time your spouse receives the complaint. If you and your spouse sign and return the paperwork that we prepare for your specific case when we tell you, then we can get you this type of divorce in about 6 weeks. We prepare and file ALL paperwork for your case.
We can represent you or your spouse if the requirements above are met and either you or your spouse has resided in Pennsylvania for at least the past 6 months immediately prior to the filing of the divorce in court. If you or your spouse is in full-time military service, we can file the divorce in Pennsylvania for either of you, as long as at least one of you has a Pennsylvania military home-of-record, even if you both are posted, based, or stationed outside of Pennsylvania
Remarriage plans should not be made until after your divorce is final. This is because nobody can guarantee how long your divorce will take. We always handle your case as quickly as we can and according to Pennsylvania law. You will receive a decree of divorce under Court seal as proof of your divorce, which can be used to remarry or for any other purpose and is valid everywhere.
In Pennsylvania, a divorce can always be contested for any reason. We take UNCONTESTED divorces ONLY. You and your spouse must both agree to be divorced. This means that you both must cooperate and be available during the entire divorce process. You must go through the legal system in order to have a divorce decree issued in order to have a valid divorce. If you start the divorce process, you can always delay your divorce at any time for any reason. The procedures for divorce are the same if you are a civilian, in the military, or even if you are in jail or prison.
There is no law that requires that settlement agreement be a part of your divorce in Pennsylvania. So if you and your spouse can agree about issues such as real estate, personal property, alimony, child support, child custody, child visitation, retirement accounts, debt payment, and other property issues, you do not have to have a settlement agreement. It is sometimes better if you and your spouse agree privately on these matters (to avoid additional expenses and legal fees). However, if you decide that you want an agreement in writing before, during or after your divorce Cairns Law Offices can also provide these services.
YOU WILL NEVER NEED TO GO TO COURT OR COME TO OUR LAW OFFICES.