A divorce takes a lot longer to complete than marriage does. You can secure a license to get married much more quickly than you can dissolve a marriage after the relationship degrades. Myths about divorce can often increase how long it takes people to file or to resolve their marital issues.
Some people think that they have to have cause for divorce, such as adultery or cruelty from their spouse. However, in Pennsylvania, you can file a no-fault divorce simply by claiming that your relationship has suffered an irretrievable breakdown.
What are the implications of the no-fault divorce system for your situation?
You need not prove fault nor get your spouse’s approval for divorce
When fault-based divorces were the legal standard, it was much more difficult for someone to leave an unhappy or unhealthy marriage. They would need convincing evidence of abuse, adultery or another kind of serious misconduct to convince the courts to dissolve their marriage. Pennsylvania does still allow for fault-based divorces in cases of adultery, desertion, bigamy, long-term imprisonment and spousal abuse.
Needing to present evidence of misconduct to the courts makes a divorce last longer and, therefore, costs more. Some people who desperately wanted to get away from an abusive partner would fail to meet the standard of evidence, which would mean that the courts would not grant their divorce.
When you file for a no-fault divorce, you don’t need to prove anything. You also don’t need your spouse’s permission, as would be the case in a mutual consent divorce. Overall, filing a no-fault divorce generally means that there will be less contention involved in the process and that it will cost less for you to end your marriage.
Learning more about how divorce works in Pennsylvania can help you plan for your upcoming legal proceedings.