Four Types Of Divorce In Media

No two divorce cases are exactly alike, as each couple will have different issues to resolve under different circumstances. Even when two couples are getting the same type of divorce, there will be significant differences in each case. In Pennsylvania, there are four different types of divorce available to couples who want to end their marriage. All four types have their own benefits, as well as qualifying criteria. Below, our Media divorce lawyer outlines what the different types are.

Mutual Consent Divorce 

A mutual consent divorce in Pennsylvania is one in which both parties can agree to every term in the case. Mutual consent divorces are also known as uncontested divorces in other states. To obtain a mutual consent divorce, both parties must agree on alimony, property division, child custody, and resolve all other issues. Both parties must also sign an affidavit stating that the relationship is irretrievably broken. Affidavits are signed under oath. Once the couple has waited the mandatory 90 days, they can finalize the divorce.

Divorce on Grounds of Fault 

Spouses sometimes want to file for divorce after their partner has engaged in marital misconduct. In these cases, they can state their grounds for getting divorce. The grounds for divorce in Pennsylvania include:

• Bigamy
• Adultery
• Desertion
• Cruelty
• Indignities
• Incarceration of one spouse for at least two years

When a person files for divorce on grounds of fault, they must prove their case by presenting strong evidence to the court. If the court finds that the grounds are valid,  the case will proceed. If not, the filing spouse can appeal the decision or they can file a no-fault divorce. Filing on the grounds of fault is more expensive and can take longer. However, no waiting period is placed on fault-based divorces.

No-Fault Divorces 

Spouses do not have to accuse their partner of wrongdoing in order to get a divorce. It is possible to obtain a no-fault divorce by stating that there has been a breakdown in the marital relationship. Couples must also live separate and apart for at least one year, although this does not necessarily mean living in different residences.

Institutionalization 

In the event that a spouse is institutionalized for a mental health condition, this can provide grounds for divorce for the other spouse. To qualify for this type of divorce, the spouse must have been institutionalized for at least 18 months, and they must be expected to stay in the institution for another 18 months. After the 18-month period, the spouse that is not institutionalized can file divorce papers without needing to appear in court.

Our Divorce Lawyer in Media Can Advise on the Type of Divorce Right for You 

It is not always easy to determine what type of divorce is right for you. At Barbara Flum Stein & Associates, our Media divorce lawyer  can review the facts of your case and advise on which type is right for your situation. Call us now at 610-565-6100 or chat with us online to schedule a consultation and to learn more.

Sources:

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=33&sctn=1&subsctn=0

legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.035..HTM