Pennsylvania: How much time from mediation to divorce decree?

“How quickly can I divorce after mediation?” is a common question from potential clients. Right after, “How much will it cost?”

In a sense, the answers to both questions are the same: It depends on how committed each party is to a fair resolution through mediation. In previous blogs, I’ve written about divorce and mediation. Think of the two as separate but intersecting processes that can be timed in a number of ways.

The divorce process – regardless of whether you use mediation or not –  can begin prior to a signed Property Settlement or Marital Agreement. Each couple must decide for themselves whether to file the divorce complaint prior to mediation or not. A divorce complaint is filed in the county of residence, so either party can file it at any time, regardless of where they are in the mediation process. More typically, the timing of the filing of the Divorce Complaint is one of the issues resolved through mediation itself.

In Pennsylvania, there is no law as to how long the divorce remains open, although some counties will terminate a case for inaction earlier than others. Some couples choose to start the divorce, negotiate a settlement through mediation, then complete the divorce after. Others see the actual filing of divorce as the end result of mediation, seeking to sign any Agreements before the Divorce Complaint is filed.

Generally speaking, if you file the Divorce Complaint before negotiating and signing the Property Settlement Agreement or Memorandum of Understanding, you can take advantage of the ticking clock. In Pennsylvania, a divorce by mutual consent can take as little as five months from beginning to end, but there is a 90-day cool off period included in that five-month estimate.

If the parties have been separated over a year prior to starting mediation, the process can move much faster.

An obvious benefit of mediation is the maintenance of privacy. What two parties discuss in mediation is between themselves and the mediator, who is a facilitator, not an arbitrator. This empowering aspect of mediation can make one party much more willing to accept a compromise as the process is more transparent than traditional litigation.

Once signed and filed with the Court, the resulting Agreement or Memorandum is considered confidential under Pennsylvania law, available only to the parties and their attorneys.

If you’d like to discuss divorce mediation as a way to speed up your divorce and maintain your privacy, call my office at 215-345-5259 to schedule a free initial consult.

– Elissa C. Goldberg, Esquire

Law Office of Elissa C. Goldberg
107 North Broad Street, Suite 211
Doylestown, PA 18901