Paula Hopkins, Attorney at Law
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Divorce in Pennsylvania

The Divorce Process

Many people have questions about the divorce process particularly how and when a decree of divorce can be entered. Below is a general overview of some of the general principals relating to the entry of a divorce decree itself. This information is being provided for educational purposes only and is not intended as legal advice. Consult Paula or another lawyer of your choice before proceeding to request the entry of a divorce decree.

 

The divorce decree:   Pennsylvania law provides primarily for three ways to obtain the entry of a divorce.

1.  Fault grounds. Many years ago, it was necessary to prove that your spouse had committed some wrong doing, such as adultery or abandonment, before the court would enter a divorce decree. Although a divorce can still be obtained on fault grounds, the procedures required to obtain a “fault” divorce are rarely used today as a means of obtaining a divorce.

 

2.  Affidavits of consent. If their marriage is irretrievably broken, a couple can obtain a divorce by filing affidavits of consent and following the procedures set out in the Pennsylvania Rules of Civil Procedure. The affidavits cannot be filed until ninety (90) days after the service of the divorce complaint. The entry of a divorce can result in the loss of valuable rights including the rights to alimony and equitable distribution. For this reason, most couples do not consent to the entry of divorce until the financial issues are settled or they are assured that their rights are protected.

 

3.  Separation of two years. If a couple has been living separate and apart for two years, either party may request the entry of a divorce after filing a divorce complaint and following the procedures set out in the Pennsylvania Rules of Civil Procedure. As previously stated, the entry of a divorce can result in the loss of valuable rights including the rights to alimony and equitable distribution. For this reason, most couples do not consent to the entry of divorce until the financial issues are settled or they are assured that their rights are protected.

 

Bifurcation.  Ideally, a divorce will be entered at or near the time that all of the divorce related financial issues, such as alimony and equitable distribution, are decided. Sometimes it takes longer than expected for all of the issues to be resolved. One or both parties may want to be divorced before the final settlement or court decision on these divorce related issues. In some cases, the court may permit the entry of a bifurcated divorce, which is the entry of the divorce before the financial issues are resolved. The court usually requires that certain safeguards are in place before a bifurcated divorce is entered.

 

For most couples, the entry of the divorce decree itself is a small part of the entire divorce process. Valuable rights such as the right to receive alimony and the right to an equitable division of marital property must be raised in a complaint, answer or pleading prior to the entry of a divorce decree. Your right to receive alimony or an equitable division of marital property may be lost if those rights are not decided or protected before entry of the divorce decree.  Speak to Paula or a lawyer of your choice immediately if you have concerns that your rights may not be protected.

PAULA HOPKINS, ATTORNEY AT LAW, 437 GRANT STREET, SUITE 1801, 412-288-8880, PH@PAULAHOPKINS.COM

The information on this site is for educational purposes only and is not a substitute for legal advice.