How Long Does Divorce Take in PA?
If you’re considering a divorce in Pennsylvania, one of your first questions is likely, “How long will this take?” How long the entire process takes depends on many different factors, such as property division, child support, custody issues, and alimony. These things must be resolved before the divorce can be finalized in Pennsylvania, so the duration can vary significantly.
How Long Does a Divorce Take in Pennsylvania?
When you’re waiting for a divorce to finalize, it feels like every day takes a lifetime to complete. Unfortunately, there are limitations on just how fast a divorce can be processed in PA. Even with an uncontested divorce, you’ll have to complete a 90-day waiting period.
If both partners are on the same page, a divorce can wrap up in four to six months. Contested divorces, which are also known as fault-based divorces, can end up taking up to two years to wrap up.
Each case is different, but here’s a general estimate for how long different kinds of divorces will take in Newfoundland and the surrounding areas.
- Mutual Consent: No-fault divorces take about four to five months to finalize.
- Separation Based: A unilateral no-fault divorce requires 12 months of living apart. Because of this, it normally takes 13 to 18 months to process.
- Fault-Based Divorces: These kinds of divorces will normally take between 12 to 24 months to wrap up.
Factors That Impact Your Divorce Timeline
When it comes to understanding divorce in Pennsylvania, the first step is figuring out what type of timeline you’re looking at.
The Type of Divorce
Whether you have a unilateral no-fault divorce, a no-fault divorce, or a fault-based divorce will strongly impact your overall divorce timeline in PA.
Paperwork
Any improperly filed paperwork can greatly lengthen the amount of time it takes to finalize your divorce.
Disputes
Disputes about financial disclosures, discovery, child custody, and other issues can lengthen the amount of time your divorce takes to complete.
Problems Finding Your Spouse
If you can’t find your spouse, you can’t serve them with divorce papers. This can increase the complexity and duration of the divorce process.
Backlogged Court Systems
When the court docket faces a backlog, it makes all cases take longer.
The Typical Divorce Timeline in PA
By being organized with your paperwork and financial disclosures, you can speed up the divorce process. Your attorney can help you stay on top of the proceedings. You and your spouse can also aid the process by working together to amicably resolve property dispersal and financial matters.
To see what type of divorce timeline you can expect with each kind of divorce, read on.
Uncontested Divorces
If you and your spouse agree that your marriage is over and you’re willing to work together to end it amicably, an uncontested divorce, which is also known as a mutual consent divorce, is the fastest, most cost-effective way to dissolve your marriage in Pennsylvania.
- First, you or your spouse must live in Pennsylvania for at least six months.
- Next, you must file a Complaint in Divorce with the Court of Common Pleas in the county where either spouse lives. This begins the divorce process. The complaint includes information about your marriage, the kind of divorce sought, and requests for any relief.
- The other spouse is served with the divorce complaint by acceptance of service, personal service, or certified mail.
- A cooling-off period begins. After the 90-day period, the next step can proceed.
- Both spouses have to sign an Affidavit of Consent. This basically says you’re willing to go through with the divorce, and you agree the marriage is irretrievably broken.
- After these affidavits are filed, your attorney will submit the final paperwork with the court, such as your proposed final divorce decree, settlement agreement, and additional local county forms.
- Finally, you just need the judge to review and approve the divorce.
If everything goes according to plan, it should take four to six months to wrap this process up.
Unilateral Divorces
Because a unilateral divorce requires you to live separately for 12 months before it can be filed, it can take up to 12 to 18 months to complete the entire process.
- One or both spouses must live in Pennsylvania for at least six months.
- For a unilateral divorce, you must be physically separated, such as living in different homes. If you’re living under the same roof, it must be without any romantic or marital relationship.
- Whoever initiates the divorce must file a Complaint in Divorce in the Court of Common Pleas for your county. This will include your separation date, a statement that your marriage is irretrievably broken, and any claims for economic relief.
- The complaint must be served on the other spouse.
- If it hasn’t been completed, you must wait for the one-year separation to be completed.
- Next, an affidavit under Section 3301(d) must be filed to start the final stage in your divorce process.
- Your spouse has 20 days to respond. They can do nothing, file a counter-affidavit form, or raise economic issues.
- The divorce can be finalized as long as there are no disputes. If it is finalized, the court will issue a Final Decree of Divorce.
Contested Divorces
Contested divorces are the most time-consuming path. Depending on the disputes involved, it can end up taking one to two years to complete the entire process.
- First, one or both spouses must be Pennsylvania residents for six months or more.
- You must file a Complaint in Divorce with the Court of Common Pleas in the correct county. This will say that it is a fault-based divorce under 3301(d).
- The divorce complaint must be served through a process server or certified mail to the other spouse.
- The defendant is given 20 days to make a counterclaim or file a response.
- Information is exchanged between both sides during the discovery phase.
- Temporary orders can be issued while the court proceeds with child custody, spousal support, and other topics.
- At this point, Pennsylvania strongly encourages couples to resolve their disputes through mediation and negotiation.
- If no agreement is made, the case goes to trial. While the judge gives the final decision, you may potentially be able to appeal this decision.
- The Final Decree in Divorce is signed by the judge once all of the issues have been resolved.
Get Help Preparing Your Divorce Case
If you’re in Wayne, Pike, Luzerne, Monroe, Lackawanna, or Pike County, our Newfoundland-based team is here to help. Dealing with a divorce in Pennsylvania can be challenging and emotionally devastating. Our experienced legal staff will walk you through the divorce timeline and inform you about what to expect at each step of the way.
Find out more information about our legal help for divorces by reaching out to the Clause Law Group today.
