What is a No-Fault Divorce?

Your Guide to No-Fault Divorce in Pennsylvania

When many people think of going through a divorce, they imagine fighting it out with their ex-spouse in court for months or even years. However, this isn’t true for every divorce case. If you’re getting a divorce in Philadelphia, you have the option to file for a no-fault divorce. Below, we look at no-fault divorce and why it may be a great option for you.

Defining No-Fault Divorce

A no-fault divorce is a type of divorce in which neither party is legally required to prove that the other spouse did something wrong that led to the dissolution of the marriage. In other words, it allows couples to end their marriage without assigning blame or fault to one party or the other. Instead, the primary grounds for a no-fault divorce are often related to the irretrievable breakdown of the marriage or the presence of irreconcilable differences. This approach is intended to simplify and expedite the divorce process, reducing the need for acrimonious legal battles.

In Pennsylvania, no-fault divorce is available under the state's divorce laws. There are two primary no-fault grounds for divorce in Pennsylvania:

1. Mutual Consent: This option allows spouses to file for a no-fault divorce if they both agree to the divorce. They must file an affidavit stating that the marriage is irretrievably broken and they have mutually agreed to end the marriage. If there are no economic issues or property disputes, a divorce can be granted 90 days after filing the affidavit.
2. Irrevocable Breakdown: If both spouses do not agree to the divorce, a divorce can still be obtained if the marriage is found to be irretrievably broken. However, in such cases, there is typically a waiting period of at least two years of separation before the divorce can be finalized.

It's important to note that Pennsylvania also has fault-based grounds for divorce, such as adultery, abandonment, cruelty, and imprisonment. In these cases, one spouse is alleging that the other committed one of these specific acts, and the court will consider the evidence presented.

No-fault divorce options, including mutual consent, are often preferred by many couples as they tend to be less contentious, cost-effective, and quicker to process compared to fault-based divorces. Additionally, they can lead to a more amicable resolution of issues related to child custody, alimony, and property division, as the focus is on ending the marriage rather than assigning blame. However, it's essential to consult with an attorney or legal professional in Pennsylvania to understand the specific requirements and procedures for obtaining a no-fault divorce in the state.

Comparing No-Fault Divorce to Fault-Based Divorce in Pennsylvania

In Pennsylvania, there are significant differences between no-fault and fault-based divorces. Here's a comparison of the two:

No-Fault Divorce

1. Grounds for Divorce: No-fault divorce does not require either spouse to prove that the other did something wrong that caused the marriage to fail. The primary ground for a no-fault divorce in Pennsylvania is either "Mutual Consent" or "Irretrievable Breakdown," which focuses on the fact that the marriage is no longer working, regardless of fault.
2. Mutual Consent: This is a faster and more amicable way to obtain a no-fault divorce. Both spouses must agree to the divorce and submit an affidavit stating that the marriage is irretrievably broken. This option can lead to a divorce within 90 days.
3. Irrevocable Breakdown: When both spouses do not agree to the divorce, a divorce can still be granted based on the assertion that the marriage is irretrievably broken. In such cases, there is typically a mandatory two-year separation period before a divorce can be finalized.
4. Property Division and Alimony: No-fault divorces typically lead to a more straightforward and less contentious division of marital property and settlement of alimony or spousal support matters. The focus is on ending the marriage rather than assigning blame.
5. Custody and Child Support: Child custody and support issues are resolved based on the best interests of the child rather than any fault attributed to either spouse.

Fault-Based Divorce

1. Grounds for Divorce: In a fault-based divorce, one spouse alleges that the other has committed specific acts that have led to the failure of the marriage. Grounds for fault-based divorce in Pennsylvania include adultery, abandonment, cruelty, and imprisonment among others.
2. Burden of Proof: In a fault-based divorce, the spouse seeking the divorce must prove in court that the alleged misconduct occurred. This often requires evidence, witnesses, and legal arguments.
3. Waiting Period: There is no mandatory waiting period for fault-based divorces in Pennsylvania. Once the court finds in favor of the spouse alleging fault, the divorce can be granted.
4. Property Division and Alimony: In a fault-based divorce, the court may consider misconduct when determining property division and alimony. The guilty party may be at a disadvantage in these matters.
5. Child Custody and Support: Child custody and support decisions are generally made based on the best interests of the child, regardless of fault. However, in some cases, severe misconduct by one spouse may be a factor considered in child custody determinations.

Overall, no-fault divorces are often preferred for their simplicity and the potential to avoid lengthy and contentious legal battles. They focus on ending the marriage rather than assigning blame. On the other hand, fault-based divorces can be more adversarial and may have implications for property division and alimony. The choice between the two types of divorce depends on individual circumstances and legal advice from an attorney to determine the most appropriate approach for a specific situation.

Consult with Our Experienced Philadelphia Divorce Lawyers

If you’re facing a divorce and are wondering whether a no-fault divorce would be a good option for you, contact our law firm and schedule a free initial consultation. Our free initial consultation is a great opportunity to consult with an experienced divorce attorney and understand the specific requirements and procedures involved in obtaining a no-fault divorce. You can then make an informed decision.