Pennsylvania is a no-fault state. As such, the reasons for the divorce, except in the case of alimony, are not relevant. There are two no- fault ways to get divorced in Pennsylvania. The first way is a consensual no- fault divorce. Under this system, a divorce complaint is filed and served upon the non-filing party. There is then a 90 day waiting period, after the date of service of the complaint, during which time nothing can be filed with the court. This is called the “cooling off period”. Once 90 days have passed, so long as the parties have agreed upon all other issues (support, custody, division of property, etc.), the court will grant the parties a divorce after they each sign an affidavit agreeing to be divorced. The other no-fault divorce is the non-consensual divorce. In this situation, one party will not agree to be divorced. The party that wants the divorce must then wait two years from the date the parties separated before that party can ask the court to divorce the parties. After this two year period, the court will divorce the parties even if one party does not consent.
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