A divorce can be a stressful period that often comes with a desire for speed of resolution. Therefore, it’s not surprising that many people want to know how long their divorce will take in Pennsylvania before going through with it. While we can generally estimate how long the average proceeding takes, every case is unique in its own right. As a divorce becomes more complex, the time required also increases.
One of the biggest factors that will impact the length of a divorce proceeding is the type of divorce being filed. A mutual consent no-fault divorce is a fairly straightforward process. It requires that both parties agree to the divorce and that they have been separated officially for less than two years. At the end of the process, the marriage will be dissolved and each party will receive a written acknowledgment of this. However, before the divorce is granted, there is a 90 day period between the date that the divorce papers are filed with the court and the first day the consent forms can be signed. During this 90 day period either spouse is permitted to request marriage counseling. Due to the waiting period and court processing time, a mutual consent no-fault will take, at minimum, three months.
No-Fault Divorce Proceedings
An ‘irreconcilable breakdown’ no-fault divorce can be used if two or more years have passed since the date of separation. Since two years has passed, the waiting period of the previous divorce no longer applies. However, because two years has passed does NOT mean you are automatically divorced. You must still file paperwork in order to actually be divorced. Therefore it is conceivable that this divorce process could last as little as one and a half months. Of course, any additional issues or additional complexity could result in increased time.
Fault-Based Divorce Proceedings
However, often a divorce is not an easy or agreeable process. There are many reasons that a spouse could decide that it was not in their best interest to agree to a divorce. For cases like these it is much more difficult to accurately judge the duration. One option is to file based on fault-based grounds. These grounds can include infidelity, desertion, and other circumstances. Fault-based divorces require proof of fault from one party during the proceeding. Proving fault can be a time-involved process.
No-Fault, Irreconcilable Breakdown
The other option is to proceed with a no-fault based irreconcilable breakdown. Without the mutual consent of your spouse you will need to be separated for at least two years. Once you have been separated for two years you can file with the court. Your spouse will then have 40 days to answer and may deny that the marriage is irreconcilable, contest that two years has elapsed since separation, or ask for property relief or alimony. Each of these adds complexity and time to the proceeding and requires the experience and skill of an expert attorney to navigate.
If You Need a Divorce Attorney in Pennsylvania
I invite you to contact the legal team at Maselli Warren, PC. We have represented clients involved in all kinds of divorce proceedings across Pennsylvania. Helping you navigate what can often be a stress-fiiled time is a priority for us. In an initial consultation, we will sit down with you and in plain-English explain what you can expect and what the process involves. To set up a consultation regarding a potential divorce proceeding, contact us.