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Divorce can feel like a significant obstacle to overcome. If you want to obtain your final divorce decree and move on with your life, understanding the timeline to get a divorce in PA is the first step. Even in the most straightforward cases, the Pennsylvania divorce process requires you to wait several months before your divorce can be finalized. In more complex or contested cases, the timeline may extend to several years.
There are two main categories of divorce proceedings in Pennsylvania: contested and uncontested. Both require a specific waiting period for divorce in PA, though an uncontested divorce can typically be resolved much sooner than a contested proceeding. To help you understand your options and how an attorney can assist you, we’ve broken down the PA divorce process and its timeline. This guide is designed to help you understand what to expect when filing for divorce in PA.
Understanding PA divorce laws and how they apply to your situation will help you understand your options and how an attorney can assist you through the divorce process in Pennsylvania.
Before you are eligible to file for divorce in Pennsylvania, you must meet the eligibility and residency requirements. These requirements include that you and your partner have a legally valid marriage and at least one of you has lived in the state for at least six months. This six-month period must immediately precede the filing of the divorce.
For example, suppose that you wish to file for divorce on November 1, 2023. You or your spouse must have lived continuously in Pennsylvania since May 1, 2023, to be eligible to file. You can still file for divorce, even if it is your partner who is living in Pennsylvania.
You can file for divorce in Pennsylvania as soon as you meet these eligibility and residency requirements. You are not required to live separately from your spouse before you file for divorce.
In most cases, the filing of a divorce complaint commences the process of valuing and dividing marital assets. You or your spouse will file a complaint, which can be served on the other party. Service can happen via certified mail, acceptance of service, or personal service by a process server.
The quickest a divorce decree can be granted in Pennsylvania is 90 days after service of the divorce complaint. A decree can only be issued this quickly if you and your spouse agree as to the valuation and division of all assets. Even under the best of circumstances, in which spouses fully cooperate in the exchange of valuation documents, most cases take more than 90 days to finalize.
If your spouse does not want to get divorced, they can make you wait up to one year from the date of separation before beginning the valuation and distribution process, which will further increase the time it takes to finalize the divorce.
There is no such marital status as “legal separation” in Pennsylvania. You can separate where you and your spouse can remain legally married but live separately and apart from one another. This affords the two of you the legal and tax benefits of being married, while allowing you to live separate lives. However, since you remain legally married to each other, neither one of you can remarry until you officially divorce. Taxes and finances can become complicated in these situations.
Whatever the benefits of legal separation might be, the status is not recognized under Pennsylvania law. You are either married or divorced. However, you and your spouse can create a separation agreement to achieve property division and support while remaining married. This agreement functions like a traditional divorce agreement and can address some of the same issues. A separation agreement is enforceable as any other civil contract.
In nearly every divorce action, in order to know what marital property exists and must be divided, there is an exchange of documents. This can be done informally and cooperatively by the exchange of documents between counsel or parties. It can also be done formally through service of discovery requests and even taking depositions. Obtaining the proper documents to accurately value your marital assets is essential.
Cooperating with the exchange of valuation documents can reduce the amount of time a divorce will take. Formal discovery or arguing about the documents you’ll be required to produce can prolong the process.
Once you know what is included in your marital estate, a decision must be made as to how it will be distributed and whether alimony will be awarded.
If you and your spouse agree, after a consultation with your attorneys, an agreement can be written to address all of the issues raised under the divorce code.
If you and your spouse cannot agree, a court will be required to make a determination as to the contents of your marital estate, its worth, and who should get what. This is done at trial. You and your spouse will testify, along with appraisers and other witnesses who may be necessary to help the court understand what is included in your marital estate and how it should be distributed between you and your spouse.
In many cases, parties can agree as to the value of certain assets or who should receive them, but still have difficulty determining the value or ownership of other assets. The court will schedule proceedings in which your lawyers and the court will attempt to help you reach an agreement on those assets. If an agreement cannot be reached, a trial to determine the value and ownership of specific assets can be done with greater speed and less complication than litigating the entire estate.
Only after all economic claims have been resolved, either by settlement or trial, will a divorce decree be issued.
A knowledgeable divorce lawyer in PA who is well-acquainted with the Pennsylvania divorce laws and timelines can help you navigate this complex process and achieve a resolution in a timely manner. If you are considering filing for divorce in PA or have questions about the PA divorce process, contact The Law Offices of Dawn K. Gull for the experienced guidance you need.
Our offices are located in Wexford. To schedule a consultation, please call us at 412-440-5718, or fill out our online form.