Craig Zotter & Associates

Divorce

The Pennsylvania Divorce Code of 1980 eliminated the need for demonstrating fault in order to grant a divorce. Presently, the overwhelming number of divorces granted in Pennsylvania are no-fault divorces. Generally, there are two types of no-fault divorce in Pennsylvania.

Consent, No Fault Divorce

A consent divorce is when both spouses consent to the divorce. First, one party must file a divorce complaint. The filing spouse simply states in divorce papers that the marriage is "irretrievably broken." This means there's no reasonable chance to continue the marriage. Both spouses must agree in writing to the divorce, or need to be separated for two years. Once the divorce compalint is served upon the other spouse, a 90 day cooling off period begins. This time can be used to resolve all economic issues between the spouses. Economic issues generally include the division of marital property and determining whether alimony is appropriate. All economic issues between the spouses must be resolved for a divorce to be granted in Pennsylvania.

Non-Consent, No Fault Divorce

When one spouse will not consent to a divorce, then the party seeking the divorce may have to wait up to two years. This two year period begins as of the date of separation. Separation occurs when the divorce complaint is filed. It is also possible for separation to be declared to have occured prior to the filing for divorce, even if the spouses have resided in the same household.

In both scenario's, all marital property must be divided in order for the divorce to be granted. This process, known as Equitable Distribution, can be easily negotiated between both parties or could become a matter taking years to resolve and ultimately decided by the court. At Craig Zotter & Associates we work diligently to resolve the economic issues between our client and their spouse without the need for court intervention. However, when the parties are unable or unwilling to resolve these issues outside of court, we will aggressively defend our clients financial well being and seek the greatest possible financial settlement for our clients.

Finally, to initiate a divorce proceeding in Pennsylvania, at least one spouse must reside in Pennsylvania for at least six months. The Court of Common Please, where either spouse resides, will generally have jurisdiction over the divorce proceedings.

Fault Divorce

A fault divorce is very rarely filed in Pennsylvania. A fault divorce can be filed if the spouses have been separated for less than two years and don't agree to divorce. For a fault divorce one spouse would need to seek a divorce on these grounds: - Adultery - Bigamy - Cruel and inhuman treatment endangering the life or health of the spouse - Imprisonment for two or more years - Personal indignities - Confinement in a mental institution, and discharge isn't expected in the near future