Types of divorces in Pennsylvania


A number of people are asking themselves what divorce is all about, what it is composed of and the circumstances under which it is executed.

Divorce can be defined as the legal procedure that terminates a marriage between two people in a relationship. In other words it can also be referred to as the court procedure that terminates or ends a marriage between couples before death separates the two. Once the divorce has been finalized each individual has the right and freedom to remarry if they wish to do so.

Divorces can be classified into various categories namely;

  • Fault divorce
  • No fault divorce
  • Mutual consent divorce
  • Two year separation divorce

Fault divorce

This is a type of divorce that requires the plaintiff to prove that he/she is innocent of illegal behavior and that his/her counterpart is responsible for the fault. In this situation the plaintiff has to provide evidence to verify that the defendant put the plaintiff’s life in danger, mistreated the plaintiff and committed adultery or was imprisoned for two years or more.

This type of divorce is considered to be the most expensive one therefore many people do not prefer it as the best way of conducting divorce; this because the plaintiff and the defendants must pay the attorney and the master hearing the case as fees. Also the plaintiff has to verify the wrongdoings of the defendant and if he/she fails then the court may reject to offer the divorce.

No-fault divorce

In this case a divorce is awarded when a marriage is considered to be irretrievable and it has been broken for duration of 90 days since the beginning of the day which the action and affidavit were filed by both parties that they consent for divorce.

The mutual consent divorce

Mutual consent is the widespread and universal divorce in Pennsylvania. The defendant and the plaintiff are required to file affidavit consent toward the divorce after ninety days upon serving of the complaint on the defendant. During this period the attorneys try to work on alimony, support and property settlement; the parties are also required to sign a written agreement for the separation. If an agreement is not reached then the court is compelled to make a long lasting decision on the issues through hearing and judgment.

Two year separation divorce

This type of divorce also resembles the no-fault. This normally applies when one of the parties fails to sign the consenting affidavit towards the divorce. One party has to wait for two years till the parties separate. At this time now the party seeking a divorce will sign an affidavit affirming that the marriage has separated for duration of two years. If an agreement is not reached between the two parties then the court may grant the divorce. In case one party fails to retort then the court makes judgment through hearing and the court will make the final decision.