When you married, you intended to stay that way. If, however, you’ve come to the difficult decision that you need a divorce, the matter of how long it will take to put the matter behind you is naturally a concern. While it’s possible to obtain a divorce in Pennsylvania in as few as 90 days, most take significantly longer, and the timing all depends on the unique circumstances that apply. Our experienced Pennsylvania divorce attorneys at Silverman Tokarsky & Forman, L.L.C., will help you gain a clearer perspective of your case and its likely timeline while fiercely advocating for your rights along the way.
In a Mutual Consent Divorce
A mutual consent divorce in PA is one in which you and your spouse both agree that your marriage is irretrievably broken, which makes your case a no-fault divorce. At this stage, the state imposes a 90-day waiting period before your case can be finalized. You can use this time to negotiate mutually acceptable terms between yourselves, but you should keep in mind that many divorcing couples need far more than 90 days to reach a settlement.
In a No-Fault Divorce after a One-Year Separation
If you want a divorce but your spouse does not, they can’t stop the divorce from happening, but they can slow it down. If your case is no-fault, there is a one-year separation requirement. While the separation means living separate and apart, you’re not required to take up separate residences. If you continue to live under the same roof, however, you can’t do so as a married couple, and this means that all the following must apply:
- You cease having a sexual or romantic relationship.
- You have separate bedrooms.
- You separate your finances.
When one spouse moves out of the home, or a written separation agreement is obtained, it clearly defines when the year of separation begins. It is also the point at which newly acquired assets and debts cease being categorized as marital.
In a Fault-Based Divorce
If you are seeking a divorce that’s based on fault, such as adultery, abandonment, or cruelty, no time constraint applies, and no separation is required. You will, however, need to prove that your spouse is at fault for the dissolution of your marriage. Fault-based divorces are contested, which means they go to court, and you can expect the process to be lengthier than a no-fault divorce would be. Additionally, fault-based cases tend to be more expensive and more emotionally challenging, which can directly affect your children.
Don’t Wait to Consult with Our Experienced Johnstown Divorce Lawyers
The seasoned Pennsylvania divorce attorneys at Silverman, Tokarsky & Forman will spare no effort in pursuit of a streamlined divorce that protects your financial rights as well as your rights as a parent. We care about you and your case, so please don’t hesitate to reach out for more information by contacting us online or giving our firm a call at 814-536-8600 today.
