How Long Does It Take to Finalize a Divorce?
In Pennsylvania, an uncontested divorce can be finalized after a 90-day waiting period, while you must wait until you have been separated for at least one year if your spouse does not consent to the divorce. Many Harrisburg-area couples bring these questions to Tanner Law Offices before filing.
What Are Pennsylvania’s Divorce Waiting Periods?
Pennsylvania requires a waiting period before a no-fault divorce can be finalized, and the length of time depends on the type of no-fault divorce.
Before that waiting period begins, several basic requirements must be met:
- Proof that you have lived in Pennsylvania for at least six months
- A legal basis for the divorce proceeding
- A complaint filed and served on your spouse
- A Signed consent or an affidavit when you are ready to finalize the divorce
Meeting these basic requirements begins the divorce process, but the time it takes between serving your spouse and finalizing the divorce depends on the route you choose and how much you and your spouse cooperate. The paths that follow each carry a different built-in wait.
How Quick Is a Mutual Consent Divorce?
When both spouses agree that the marriage is over, the mutual consent route is the quickest. Under the Pennsylvania divorce statute at 23 Pa.C.S. Section 3301, the divorce action cannot be finalized until at least 90 days after the divorce complaint is served on the other spouse. Then each spouse must signs a sworn consent to the divorce being finalized, before the court can grant the divorce.
The waiting period is only the minimum requirement. A divorce cannot be finalized until the court resolves the economic issues such as property distribution and support, . Whether you and your spouse are able reach an agreement on those matters or whether the court will need to resolve these issues, often determines the overall timeline.
Couples who resolve those issues cooperatively may receive a final divorce decree within a few months after the 90-day waiting period expires.
Divorce After a Year Apart
When one spouse will not agree, the other spouse can still move forward once the couple has been separated for at least a year. You do not always need two addresses, since Pennsylvania courts accept that spouses can live separate and apart under one roof.
When Fault Comes Into Play
Fault grounds remain on the books for situations like adultery, a year of desertion, or cruel treatment, though most couples divorce without invoking the fault grounds. Proving fault means gathering evidence and holding hearings, which draws a case out and raises the emotional and financial cost of the divorce proceeding.
What Stretches a Divorce Out?
The biggest delays in a divorce proceeding come from disagreements between the parties, rather than from the court itself. When cooperation breaks down, the over divorce action case stalls while the disagreements get resolved. Common areas of disagreement between the parties include:
- Disputes over dividing the marital property and debts
- Fights about spousal support or alimony
- Slow or missing financial disclosure
- A spouse who stalls or avoids service of the Divorce Complaint
Often, these issues can be eased with organized preparation and a willingness to settle where it makes sense. The more you and your spouse resolve on your own, the less a judge has to decide, and the sooner the matter will be resolved.
Move Your Divorce Forward With Tanner Law Offices
A divorce touches your finances, your home, and your children at once, so a clear plan steadies the road ahead. Tanner Law Offices helps Central Pennsylvania couples choose the right path and settle the issues as expeditiously as possible. Call (717) 731-8114 or schedule a consultation online, and our attorneys will help you through this trying process.