Obtaining a Divorce in Pennsylvania – The Ancillary Matters are Key

Posted by – February 26, 2018

Obtaining a divorce in Pennsylvania, or any other jurisdiction, is relatively easy.  Pennsylvania is a no-fault jurisdiction, and while it retains certain fault grounds such as indignities, adultery, etc., virtually all divorces are based on no-fault.  While the divorce itself is relatively uncomplicated, the ancillary issues of equitable distribution of property, spousal support and interim alimony and post-divorce alimony, the payment of counsel fees and costs, child custody, child support, and myriad other issues can be present significant complexity and expense to parties who are contemplating a divorce.  All of these ancillary economic issues are raised, when appropriate, in conjunction with a divorce action.

A no-fault divorce can be granted with the consent of both parties after ninety days from the date the action is commenced (the filing date of the divorce complaint).  If the other spouse does not consent, Pennsylvania law permits the court to enter a no-fault divorce decree, even over the objection of the other spouse, after the parties have been separated for a period of two years for separations beginning prior to December 5, 2016, or one year for separations beginning on or after December 5, 2016.  Sometimes the date of separation also becomes an issue.  Even when both parties do not object to the divorce itself, one party will often withhold consent until all of the economic and child issues have been resolved.  Sometimes that resolution can take more than two years from the date of separation (or more than the one year for separations beginning on or after December 5, 2016), in which case one party can ask the court for a unilateral entry of a divorce decree because of the passage of the required separation time.  The court however is not required to grant such a decree when there are economic issues still pending and will sometimes refuse to bifurcate (or separate) the divorce from the economic issues and not enter a divorce decree until everything is resolved.  When courts do enter a decree in divorce but do not yet deal with the economic issues, it is referred to a bifurcated decree and in those circumstances the court retains jurisdiction over the economic issues until they are resolved either by settlement or by litigation.