Divorce by separation now one year in Pennsylvania

As of December 4, 2016, divorce is faster in Pennsylvania for those seeking to use Section 3301(d) of the Divorce Code for a no-fault divorce by separation.

Gov. Tom Wolf signed into law Act 102 on October 4, 2016, to be implemented 60 days later. Act 102 shortens the waiting period to one year (it was two years) for couples not willing to sign documents agreeing to a divorce but who have lived separately for at least one year.

If you are already in the midst of a divorce, or separated On or BEFORE December 4, 2016, alas this law does not apply to you. Couples separated on or before December 4 must still wait two years before they can complete a divorce under Section 3301(d). That is, unless the other party has a change of mind and can be brought to sign what is called an Affidavit of Consent to ask for the final divorce decree.

As always, the fastest, cheapest way to divorce is to sit down and talk with each other. If negotiation is not fruitful or possible, Section 3301(d) is there to permit either spouse to move things along after one year.