When you’ve decided that divorce is necessary, you want the process to go as smoothly as possible. You’d like it to move quickly, too, once the decision has been made. However, couples do not always agree that divorce is the answer. What happens when one partner wants a divorce and the other doesn’t?
At The Law Offices of Dawn K. Gull, our divorce attorneys want to help you manage one of the most stressful times of your life with compassion and sensitivity. That may mean helping you understand the implications of divorce when one partner doesn’t want to see the relationship end and the other is ready to move on with their life.
Are You Allowed to Get a Divorce in Pennsylvania if Your Partner Disagrees?
Ideally, you and your spouse should be on the same page about ending your relationship. Unfortunately, in some relationships, agreeing to divorce is impossible. When that happens, can you move forward with divorce when the other party won’t cooperate?
Pennsylvania law allows the court to dissolve a marriage, even when one spouse refuses to participate. The spouse who wants the divorce can get a no-fault divorce after a one-year separation. The party who files the complaint must provide evidence that they have been living apart from their partner for at least one year to move forward with divorce. If the other party does not deny that they have been living apart for that time, the court may determine that the marriage is irretrievably broken and grant the divorce.
Other options exist if one partner refuses to sign divorce papers and intentionally makes the process challenging. If a spouse contests the divorce or refuses to sign divorce paperwork, the other spouse may file a “fault” divorce. Filing a fault-based divorce means demonstrating that your marriage meets one of Pennsylvania law’s six grounds for fault-based divorce. Fault-based divorces are very rare in Pennsylvania, and the court will grant a decree based on the no-fault statute if grounds can be established under the no-fault statute, even if fault grounds are pled Nevertheless, the six grounds for fault divorce include:
- Adultery
- Bigamy
- Willful or malicious desertion of a spouse
- Cruel or barbarous treatment that endangers the life or health of a spouse
- Imprisonment for two or more years
- Intolerable or burdensome treatment of a spouse
Additionally, the court may elect to dissolve a marriage if the other spouse is insane or has been diagnosed with a severe mental disorder that has resulted in confinement in a mental institution for at least 18 months.
A Pennsylvania Divorce Attorney Can Help
Working with an uncooperative spouse or filing a fault-based divorce can be challenging. The legal team at The Law Offices of Dawn K. Gull can help you find practical approaches to solving your family law matters so you can rebuild your life. We focus on providing compassionate and comprehensive legal advice while offering moral support to help you get through this challenging time.
Whether you’re interested in pursuing a no-fault divorce, have a complicated divorce, or have children and significant assets that will need to be included in the divorce agreement, we can help. Contact our office today at 412-440-5718 to set up a confidential case evaluation, and let’s work together to resolve your legal issues.