Home - Free Info - Family Law - Uncontested Vs. Contested Divorce in PA

While Hollywood makes it look like every divorce involves screaming and bickering over who gets the house, most divorces are uncontested. One of the first discussions you need to start with your spouse is about whether you will have a contested or uncontested divorce. Which option you choose will determine how long your divorce takes, the overall cost, and just how stressful the process is going to be.

What Is a Contested Divorce?

A contested divorce is often known as a fault-based divorce. In Pennsylvania, a contested divorce happens when one or more partners won’t agree to an uncontested divorce. If you use the contested route, there are a few grounds you can use.

• Desertion: Desertion is when a spouse leaves for a year or more, and it can be used as grounds for your divorce.
• Adultery: Adultery refers to when one spouse cheats with a third party.
• Bigamy: It’s considered bigamy if someone marries a new person when they are still married to someone else.
• Indignities: Indignities is a term that refers to disrespect, humiliation, and general mistreatment. If you suffered verbal abuse at the hands of your partner, Pennsylvania will let you use that as grounds for a divorce.
• Cruel and Barbarous Treatment: This term covers any kind of emotional or physical abuse that could endanger the life and health of the innocent spouse.
• Imprisonment: If someone is imprisoned for two years or more, their partner can file for divorce.
• Institutionalization: Institutionalization is an extremely uncommon grounds for divorce in Pennsylvania, but it is legal under 23 Pa.C.S. § 3301(a)(6). Basically, you can file for divorce if your spouse has been institutionalized for 18 months and is expected to be institutionalized for another 18 months. 

What Is an Uncontested Divorce?

Meanwhile, an uncontested divorce is also called a no-fault divorce. With this option, both partners have to mutually agree that they want to get a divorce. 

If an uncontested divorce is an option, this is often the easiest path to take. You simply have to file a consenting affidavit and complete the 90-day waiting period. Afterward, the divorce can be finalized.

In specific situations, you can also file an uncontested divorce unilaterally. To do this, you must be living separately for at least 12 months. 

Key Differences Between Contested Vs. Uncontested Divorces

When it comes to understanding divorce in Pennsylvania, it’s essential to know the key differences between a contested divorce and an uncontested divorce. 

• Agreement: For an uncontested divorce to happen, you’ll need both partners to agree. This means you’ll have to figure out all of the details about alimony, child support, and the division of property ahead of time.
• Cost: Each case is different. However, uncontested divorces will generally cost much less because they involve fewer disputes and less time.
• Duration: While the exact timelines involved in each divorce can vary, an uncontested divorce is generally going to be much faster.
• Convenience: With less court appearances, a shorter duration, and a lower cost, uncontested divorces tend to be more convenient.
• Court Appearances: In most counties, you don’t have to make any court appearances for an uncontested divorce. You will need to appear in court for contested divorces.

While an uncontested divorce has some clear benefits, you can’t always pick the divorce you want. If your spouse won’t agree to the terms of the divorce, a contested divorce may be the only option. 

When this happens, it pays to have a skilled legal attorney on your side. You need professional legal advice to negotiate settlements, file your divorce, and represent you in court. Divorces are stressful experiences, so let someone else handle the pressure of the proceedings.

How Long Do Contested and Uncontested Divorces Take? 

As a general rule, uncontested divorces in Pennsylvania generally take around four to six months to wrap up. Because of the 90-day waiting period, it is impossible to finalize them in less than three months.

With a contested divorce, the process can extend between one to two years. The process includes discovery, court hearings, and a potential trial, which can increase how long it takes.

Finally, unilateral divorces take at least a year to wrap up. You can’t file for a unilateral divorce until you’ve lived apart for at least a year, which is why it can take so long. 

Call To Schedule Your Divorce Consultation in Newfoundland

At the Clause Law Group, we help clients throughout Newfoundland, Lake Ariel, Scranton, Hamlin, Mount Pocono, Gouldsboro, Tafton, Pocono Pines, Stroudsburg, East Stroudsburg, Wilkes-Barre, and the surrounding areas. We have years of experience helping local residents navigate tricky divorce cases. 

If you’re struggling to take the first step in filing your divorce, we can help. Call us today at (570) 676-5212 to get help with your contested or uncontested divorce case.