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South Jersey & Philadelphia

3 things to know about Pennsylvania divorce

On Behalf of | Jan 5, 2023 | Divorce

Ending a marriage requires you to go through a legal process. Each state has its own laws regarding when divorce is possible and the requirements for it.

Knowing the laws surrounding divorce here is important for people living in Pennsylvania. For example, at least one spouse must reside within the state for at least six months before they can file for divorce. Consider these other points regarding Pennsylvania divorce if you’re considering filing here.

Fault and mutual consent

Pennsylvania recognizes specific faults that can be cited like infidelity or being sentenced to prison for two years or longer. The state also has mutual consent divorce, which doesn’t require any fault be present. Irretrievable breakdown of the marriage is also a valid reason for the divorce.

Waiting period

Couples who are claiming an irretrievable breakdown of the marriage must live apart for at least a year before they can file for divorce. If the parties agree to a mutual consent divorce, the waiting period is shortened to only 90 days.

Institutionalization rules

If your spouse is in a mental institution, you can petition the court for divorce once they’re institutionalized for 18 months. The projected period of confinement should be at least 18 months after the petition is filed.

It’s best to determine the best way to proceed with legally ending the marriage so that you can protect your rights interests. Having someone on your side who understands your needs and can help you address those. You should think about the short-term and long-term effects of each decision so you can build the divorce strategy that best suits your circumstances.

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