Pennsylvania waiting period in divorce drops to one year

Divorce Attorney Elissa C. Goldberg can help you navigate the new law reducing the wait time on contested divorces from two years of separation to one year. Gov. Tom Wolf, on Oct. 4, 2016, signed into law Act 102, which Amends Title 23 (Domestic Relations) to allow for only a one-year separation as grounds for divorce. Previously, Pennsylvania Divorce Code allowed for two years under what is known as a §3301(D), or divorce based on irretrievable breakdown AND separation. §3301(D) divorces are typically pursued when one spouse wants one and the other is contesting or not in agreement. Under the newly defined §3301(D) , the divorcing spouse need only wait to apply for a decree for one year from the date of separation.

The new law goes into effect in early December, 2016. In spite of this reduction, Pennsylvania still requires a much longer waiting period to prove divorce by separation than surrounding states do.

At our offices, we have been following this legislation closely, and are ready to assist you in navigating this new option, and what it means to clients seeking a divorce after prolonged separation. Pennsylvania is a no-fault state, meaning one party need not prove wrongdoing or bad behavior on the part of the other. However, if the defending spouse either does not want, or is not willing to move as fast as the other spouse toward a divorce decree, Act 102 now shortens the time to one year (from date of separation) that the initial complainant has to wait before asking the Court to issue a Divorce Decree based solely on separation. This is known as §3301(D).

This new law makes the process of moving on to your new life easier and faster. When the relationship is broken and a new way crafted to move forward, Elissa C. Goldberg can help you file the correct paperwork and observe the deadlines necessary to move forward with your life.