New Divorce Law Aims to Reduce the Stress in Unilateral No-Fault Divorces

For all of the focus and money spent on marriages in the United States, divorce has become a common place in today’s society. Although in most Western cultures over 90% of people get married by the time they reach 50, between 40 and 50 percent of couples in the United States end up getting divorced. Because of this, many families are forced to spend a large amount of time, money, and effort in order to make the split. However, a new law in Pennsylvania is aimed at removing some of the stress from the equation by reducing the amount of time it takes to separate in a unilateral no-fault divorce.

Types of Divorce in PA

Before diving into changes to the law, let’s take a look at the different types of divorce allowed in the state of Pennsylvania.

In general, there are four different kinds of divorce in the state. Two are considered “no-fault divorces,” meaning that neither party has to show some form of wrongdoing in order to dissolve the marriage. The first of this type is called mutual consent divorce, which like it sounds, means that both parties consent to getting a divorce and the terms of the divorce. This is the most common type of divorce because it costs less money, has the least amount of court involvement, and only takes 90 days to take effect.

The second type of no-fault divorce, which is being changed by the new law, was formerly known as a two-year separation divorce or a unilateral no-fault divorce. This occurs when one party refuses to consent to a divorce so to formally separate, the parties had to wait two years and sign an affidavit to the court that the marriage is irreparable. This affidavit is served on the other party, and if they fail to respond, then the court can grant the divorce. If the separation claim or consent that the marriage is beyond repair is denied, then the courts must have a hearing to decide.

The third type of divorce is known as a fault divorce, meaning that one or both parties were at fault for the failure of the marriage. The plaintiff must prove to the court that defendant is at fault for causes ranging from adultery to domestic violence or abandonment. Although this is the picture that many people imagine when thinking of divorce, they are actually uncommon due to high stress and the costs of attorney fees.

The last and rarest type of divorce can occur due to institutionalization. If a spouse is confined to a mental hospital for reasons of insanity for 18 months, the court can grant a divorce.

The New Law

On December 5, 2016 Act 102 took effect, reducing the waiting period for two year separation divorces down to one. The thought process behind the two year period was to give the couple a chance to reconcile and save their marriage, but according to almost every Pennsylvania divorce lawyer, it had the adverse effects of prolonging the stress, bogging down the legal system, and negatively affecting children who were involved. In some cases, the two year waiting period would also allow the party who was holding out from the divorce to manipulate or pressure the spouse into dropping their claim. The new law aims at reducing the conflict and stress associated with a divorce while also streamlining the legal framework for no-fault divorces across the state.

Although the new law has already gone into effect, it is not retroactive, so divorce complaints that were filed before this time are still processed under the two year waiting period.