Some divorces in Pennsylvania move forward relatively quickly. The spouses may cooperate with one another. They may have already signed a prenuptial or postnuptial agreement addressing all of the details of the divorce. They agree that divorce is necessary and set their own terms for separating their lives.
In those situations, spouses may be able to complete a divorce in a matter of weeks rather than committing months to the process. Other times, divorce proceedings may require a mandatory separation lasting at least a year. Those preparing for divorce need to understand formal separation requirements and divorce grounds if they want to manage the process as quickly and cost-effectively as possible.
When is a one-year separation necessary as part of a divorce?
When pursuing a no-fault divorce
No-fault divorces without evidence of misconduct or other qualifying circumstances are an option in one of two scenarios. Either the spouses cooperate with one another to pursue an uncontested divorce where they agree that the marital relationship has broken down and is unsalvageable, or they live separately for a year.
In scenarios where one spouse does not want to divorce, a separation lasting a year is likely necessary to move forward with a no-fault divorce. Without a year-long separation or the cooperation of both spouses, the only other option available may be a fault-based divorce.
A spouse alleging domestic violence, adultery or other fault-based grounds for divorce does not have to complete a year-long separation to convince the courts to legally end their marriage. However, they do need to have documentation validating that their circumstances qualify them for a fault-based divorce.
Without proving fault, separating for a year is typically necessary if the filing spouse cannot convince their spouse to cooperate with them. During that year-long separation, spouses have the option of working with one another to resolve their disagreements. Even if litigation is necessary, those who have remained separated for a year do not have to prove fault to qualify for a divorce.
Reviewing marital circumstances with a Pennsylvania family law attorney can help people more effectively understand their options. A year-long separation may be necessary for a no-fault divorce if spouses do not cooperate when filing for divorce.