Divorce simplified in Pennsylvania: Act 102

Divorce in Pennsylvania was simplified on October 4, 2016 when Gov. Tom Wolf signed into law Act 102, which amends the state’s Divorce Code to allow for a shorter waiting period for some divorcing couples.

Those affected will be couples who are not amicable enough to sign documents agreeing to the divorce, but are able to agree on a date of separation. Specifically, the Act shortens the wait time from the date of separation under a Section 3301(d) divorce from two years to one year.

The new law goes into effect Saturday, December 3, 2016. It will not affect those who have already filed what is known as a 3301(d) Affidavit, or a statement verifying that the spouses have lived separately for a period of at least two years. Specifically, the new Act says the change “shall apply to periods of living separate and apart that commence after the effective date of this section.”

In other words, the shorter period to obtain a 3301(d) uncontested divorce on grounds of separation will only apply to separations that began on December 4, 2016 or later.

The most common method of divorce in Pennsylvania is by mutual consent, known as a 3301 (c) divorce. By this path, couples may divorce much more quickly – perhaps 4-5 months, instead of a year – if they agree to sign documents stating they do not contest the divorce.