Thinking about splitting up? Then you need to know which types of divorce options are available in your area. They will determine your next step.
Don’t worry, we’ve lined them up for you in the sections below. So, when you’re ready to figure out where you go from here, read on.
When pursuing a fault divorce, the plaintiff must prove in a court of law that the defendant is the primary cause of marital problems. It’s a much less common option than the other divorce types listed below because it’s more expensive and difficult to prove.
Fault divorces usually include proof of at least one of these signs of a broken marriage:
- Domestic violence
If you’re looking for ways to file for divorce, check your other options first. They cost less and take less time.
Mutual Consent Divorce
Are you and your spouse both taking steps to get a divorce? If so, the mutual consent divorce is the easiest of your divorce options. It’s also the most common.
90 days after you file a divorce complaint, you and your spouse file an affidavit saying you both consent to the divorce. That’s all you need for a judge to grant you a divorce.
During that 90-day period, your attorneys can get together to create an agreement on custody, alimony, and property issues. If you and your attorneys can’t decide within that grace period, the judge will do it for you. Avoid these other common mistakes when filing divorce papers during your 90 day grace period, or your case may be dismissed before your hearing.
This is also one of your less common divorce options. If you’re getting a divorce and your spouse has been institutionalized for a mental disorder for at least 18 months, you might be in luck. This option doesn’t require a court hearing, just paperwork.
The drawback is that you must show proof that your spouse has no reasonable hope of a discharge for at least another 18 months. If you can prove both of the above, then you don’t need consent from your spouse to get the divorce.
Two-Year Separation Divorce
This is another type of divorce that doesn’t require consent from both parties. If your spouse won’t agree to a divorce and you’ve been separated for at least 2 years, choose the two-year separation divorce option.
You must sign an affidavit stating your marriage is irretrievably broken and you’ve been separated for at least 2 years. A third party will serve this to your spouse.
From there, your spouse may do one of two things. The first is to fail to respond. If this occurs, the court can grant a divorce without your spouse’s consent.
The second is to file a counter-affidavit denying your claim. If this happens, you’ll have to go to court.
If not, you may complete your divorce without even using a lawyer. That’s the way 40% of people are doing it nowadays.
Are There Other Types of Divorce in Pennsylvania?
No, these are the only types of divorce available in your state. Think through each to determine which is right for you. If you have questions, or you’re ready to move to the next step, reach out to an expert divorce attorney near you.