When both spouses agree to end their marriage in Pennsylvania and settle all related issues before filing, they can get an uncontested divorce. This type of divorce is much more simple and efficient than a traditional divorce, and sometimes even allows the parties to finalize the process without going to court. The court must still sign off on the divorce papers, but under Pennsylvania law, there’s no need for testimony or a trial if both sides cooperate. Each spouse completes and signs specific forms, and once the court accepts them, the divorce can proceed without much fuss.
When You Can Avoid Going to Court
You can avoid going to court if your divorce qualifies under Pennsylvania’s mutual consent or one-year separation rules. If both spouses sign all the required documents and settle all financial and custody matters, a judge can finalize the divorce based solely on the written paperwork. In other words, the court doesn’t need to schedule a hearing if everything is in order. Some couples complete the process almost entirely through mail or electronic filing. This can save considerable time and allow both parties to move forward without appearing in person before a judge.
How the Filing Process Works When Both Parties Agree
When both spouses agree to end their marriage in Pennsylvania, the divorce process is relatively straightforward. Here’s how it works:
- One spouse files a complaint for divorce in the county where either spouse resides.
- The other spouse is served an official notice of the filing and has the chance to respond.
- In a mutual consent divorce, each spouse signs an affidavit stating that they consent to the divorce.
- If the divorce occurs because of an irretrievable breakdown, an affidavit must be submitted saying that the parties have lived separately for at least one year and that the marriage is irretrievably broken.
- The parties must complete a 90-day waiting period required by Pennsylvania law before the court can finalize a mutual consent divorce.
- The couple files written agreements with the court for their custody, property, or support terms.
- Both spouses or their lawyers submit the affidavits, agreements, and any additional forms.
- The judge reviews the paperwork. If everything is complete and meets legal standards, the court issues a divorce decree that officially ends the marriage.
When Court Might Still Be Necessary
A court appearance might still be necessary if the spouses disagree on any terms of the divorce or if either spouse fails or refuses to sign the consent forms. The court must also hold a hearing if the spouses cannot settle disputes about matters like property, support, or custody. A hearing allows the court to review evidence and make binding decisions on contested issues. Even in a no-fault divorce case, any disagreement about assets or parenting arrangements could force the parties to appear in court.
Finalizing the Divorce Decree
After both spouses file all required forms and meet the waiting period, the court must review the documents. If everything meets the relevant legal requirements, the judge will sign the divorce decree and have it entered by the court, which officially ends the marriage and confirms any property or support agreements. The court then mails or electronically sends copies of the decree to each spouse. At that point, both parties can move forward independently and remarry if they wish.
How a Divorce Lawyer Can Help (Even if You Don’t Go to Court)
Even if both spouses agree on all terms, and their case never reaches a courtroom, legal representation still matters. Every divorce form, affidavit, and agreement must meet strict requirements. A single mistake or missing document could cause delays or force a hearing that could have been avoided. An experienced divorce attorney knows how to prepare filings correctly, address property or support terms, and confirm that a settlement protects the parties’ rights. Legal guidance can also help parties prevent future disputes by ensuring that all agreements are enforceable and complete before the decree is finalized.
Contact a Pennsylvania Divorce Law Firm
Divorce is never easy, but it’s less stressful when you have the right legal support. The Law Offices of Dawn K. Gull is here to guide you through each step of the process. Contact our law firm today to arrange your initial consultation and learn how we can help you move forward.