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What is a No-Fault Divorce?

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What is a No-Fault Divorce?

While marriage is a beautiful thing, divorce can get downright ugly. However, the ending of a marriage doesn’t have to be so drama-filled, especially when it is a no-fault divorce. In Pennsylvania, divorce comes in three different flavors: mutual consent, fault-based and no-fault. Since fault is a prerequisite for divorce, many couples find it easier just to go with no-fault, as it is less expensive and less complicated. It means that no one is at fault for the divorce, so no one is accepting any wrongdoing for the dissolution of the marriage. Our Philadelphia divorce lawyers explain below.

At the heart of a no-fault divorce is whether or not the marriage is “irretrievably broken” and can’t be fixed. According to the Pennsylvania Divorce Code, an irretrievable marriage means, “Estrangement due to marital difficulties with no reasonable prospect of reconciliation.” 23 Pa.C.S.A. Section 3103. If there’s no hope of the spouses getting back together, this is probably the best route to go.

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What Are the Grounds for a No-Fault Divorce?

In order for a judge to grant a no-fault divorce to a couple, certain criteria must be met. They include:

  • Both parties agree to a divorce;
  • Before filing for divorce, one party has been confined to a mental institution for at least 18 months; or
  • For at least 2 years, the parties have lived separately and at least one files a legal document that says the marriage is irreconcilable.

How Do I Get the Ball Rolling?

To get a divorce in Philadelphia, you and/or your spouse must have established residency in the city and proper paperwork must be filed. The divorce complaint has to be filed with the Clerk of the Family Court in person. After the paperwork is submitted, it’s a requirement by law that a copy is sent to the other party. The spouse who receives the divorce complaint has a right to respond.

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Our Philadelphia Divorce Attorneys Can Help You Handle Any Issues During the Divorce Process

The rules for filing for divorce are very specific and must be followed appropriately. Any missteps could seriously hurt the divorce procedures. In addition, if there are any child custody issues, spousal support alimony payments, shared assets, etc., things could get even more complicated. If you are in need of help professionals at Sadek and Cooper Law Offices is available to help break everything down.

Going through a divorce is stressful enough without trying to decipher legal jargon and figure out if you’re going to the right court and filling out the right paperwork. Let an experienced lawyer handle that for you.

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Sadek and Cooper Law Offices, LLC