Ronald David Ashby & Associates, P.C. 210 West Baltimore Avenue Media, PA 19063-3701 610.565.2200 ronald.ashby@rda-law.com
Ronald David Ashby & Associates, P.C.210 West Baltimore Avenue  Media, PA 19063-3701610.565.2200ronald.ashby@rda-law.com

Divorce

Pennsylvania has three distinct types of divorce created by statute. They are:

 

  • Fault divorce
  • 90 day no fault
  • Two year no fault



Fault Divorce

This is a divorce where the moving party who is requesting the divorce must request the appointment of a master and participate in a fact determining hearing and must prove that the other spouse made the life of the moving party intolerable and burdensome. In addition the moving party must prove that he/she is both the injured and innocent spouse in the relationship. 23 PaSCA 3301(a)(6)



90 Day No Fault

There is no ninety (90) day no fault divorce under the laws of the Commonwealth of Pennsylvania. What is generally referred to as a 90 day no fault divorce is a divorce adopted by the Legislature of the Commonwealth of Pennsylvania which requires a ninety (90) day period of cooling off between the date of the serving the Complaint and the proceeding with the divorce action itself. The intent of the Legislature was a period of time for the parties to be allowed to cool down, look at each other and determine whether they really wish to move forward in the divorce action.


In addition in what is referred to as a 90 day no fault divorce, either party may request of the Court marital counseling for the parties. [Rule 1920.45] Notice of the counseling must be attached to every Divorce Complaint served of the opposing party. [Rule 1920.12(a)(8)] The Court may order the non requesting party to participate in counseling, generally up to three sessions, in an attempt to save the marriage. In addition the 90 day cooling off period and the request for counseling, what is referred to as a 90 day no fault divorce requires both parties to agree that the marriage is irretrievably broken by signing Affidavits of Consent indicating the same and the parties may not move forward until the 90 day cooling off period has expired. At the expiration of the 90 day period, either party may move forward if all of the above elements have been meet and have the divorce concluded. 23 PaSCA 3301 (c) et seq



Two Year No Fault

What is generally referred to in the Commonwealth of Pennsylvania as a two (2) year no fault divorce is really a divorce after the parties have lived separate and apart for a period of more than two years. In that case only one party needs to sign an Affidavit of Consent stating the marriage is irretrievably broken and that the parties have been separated for a period of more than two (2) years and file it with the Court of Common Pleas in the appropriate county. The other party will however receive notice of the divorce and may object to either the two year period or to other jurisdictional matters. 23 PaSCA 3301 (d)