Whether you are considering divorce or in the middle of one, you probably have questions about the process and how long it might take to become legally divorced. The timeline for each divorce can vary, but all of them will follow similar steps. Working with a divorce attorney who understands how family law works in Pittsburgh is crucial to keeping your divorce running smoothly or fixing any issues along the way. Contact Pittsburgh Divorce & Family Law, LLC to discuss your divorce and get a better understanding of Pennsylvania’s process.
How Long Does a Divorce Take in Pennsylvania?
The length of your divorce will depend on how you choose to end your marriage. It is possible to work with your spouse to get aligned on most of the issues decided by a court in your divorce, which can minimize the time you have to spend on it. Pennsylvania offers uncontested and contested divorces.
Uncontested Divorce Timeline in Pennsylvania
If you and your spouse agree that your marriage is irretrievably broken, you can pursue a mutual-consent divorce. 23 Pa.C.S. § 3301(c) lists mutual-consent as a grounds for divorce, or one of the reasons that people can choose to end their marriage. Under this section, spouses can pursue a mutual-consent divorce after the complaint has been served and 90 days have passed. Both spouses must then sign and file the required Affidavits of Consent. That means your divorce could be finalized after 91 days, one of the fastest ways to end a marriage in Pennsylvania.
Contested Divorce Timeline in Pennsylvania
Contested divorces are much more involved than uncontested divorces. Although Pennsylvania offers no-fault divorce, you can choose a ground for divorce, like malicious desertion or adultery, to begin your divorce process. Your divorce will be contested if your soon-to-be ex does not agree on the terms being offered, such as who will have primary custody of any shared children or who will have to pay spousal support after the divorce is finalized.
If you are facing a contested divorce, you and your attorney will need to prepare for pre-trial motions and hearings before the final court date. Each case is unique, but we can help you get a better understanding of how long the final decision will take. Some divorces can take a year or several, depending on the complexity of your circumstances.
The Typical Contested Divorce Process in Pennsylvania
When you’re pursuing a contested divorce in Pennsylvania, you’ll have several factors that can delay your case, but each case will have similar steps to follow. You’ll start with a complaint, then work through disputed issues before you can resolve your divorce.
Filing and Serving a Pennsylvania Divorce Complaint
The formal Pennsylvania divorce process begins when one spouse files a complaint in the appropriate Court of Common Pleas. Where you file is based upon where you live. Once the complaint is filed, your spouse must be properly served. Pennsylvania Rule of Civil Procedure 1930.4 generally requires service within 30 days when the defendant is in Pennsylvania and within 90 days when the defendant is outside the Commonwealth.
What are Pennsylvania’s Divorce Waiting Periods?
Pennsylvania’s waiting requirements depend on the grounds for your divorce. Mutual-consent divorces require 90-day waiting periods, and every other divorce requires you to be “separate and apart” from your spouse for at least one year.
What Disputes Need Resolved in a Divorce?
In a contested divorce, you and your spouse must work to resolve disputed issues before you can receive a final decision. Matters like child custody, property division, spousal support, or child support need to be agreed upon (or close to settled) before you go before a judge and finalize your divorce. This is one of the longest parts of the contested divorce process. Your attorney can help you determine what’s fair to you and what areas you might be able to give up. Contrary to popular belief, wives and mothers are not always guaranteed the court’s favor in these decisions. Having a skilled attorney is necessary to ensure you get what you deserve out of your marriage.
Property Division
Pennsylvania uses equitable distribution rather than automatically dividing marital property 50/50. Both spouses need enough financial information to determine what belongs in the marital estate and what that property is worth. You can expect delays when property is contested, like if it’s a high-value business or something that your spouse claims is “separate” property. Working with a lawyer to sort out shared property is helpful and can save you time in your divorce.
Child Custody Disputes
If you and your spouse disagree about custody, you can have a separate custody proceeding underway while your divorce is pending. Depending on the dispute and the county handling the case, the custody matter can require conferences or hearings before the court enters an order. Custody follows its own procedural timeline rather than adding another statutory waiting period to your divorce.
Alimony & Spousal Support
Alimony is a monthly payment from one ex to another. This spousal financial support is usually applied when there is a clear imbalance between the income of divorced spouses or the marriage was long enough that the couple’s finances are difficult to untangle. Alimony does not always apply, and there are different kinds that last for different lengths of time. Having an attorney help you determine if alimony should be considered in your divorce is critical.
Child Support
The Commonwealth expects parents to support their children, even if they are no longer married. In divorce cases with shared custody, support can be another issue that delays a final decision. Although there is a formula determining the amount of custody that should be paid, your ex can still dispute whether they need to pay it at all. Your divorce attorney can help you figure out how to approach that situation.
Mediation & Court Hearings Can Extend a Pennsylvania Divorce
When spouses cannot settle disputed divorce terms, mediation or court proceedings can add time before the remaining claims are resolved.
Mediation During a Pennsylvania Divorce
Mediation gives you and your spouse a chance to work toward an agreement with a neutral mediator rather than putting the disputed terms before the court. Successful mediation can resolve claims that might otherwise require litigation.
Court Hearings in a Divorce
If you and your spouse cannot settle a disputed claim, the court can decide it. A hearing adds time because both sides need to prepare and the proceeding must fit the court’s schedule. Negotiations can continue while we prepare to present the unresolved claim to the court. A scheduled hearing does not prevent you and your spouse from reaching an agreement before then.
When Is a Pennsylvania Divorce Final?
Your Pennsylvania divorce is final when the court enters the divorce decree. Hitting the 90-day mark or completing the applicable separation period is only one requirement along the way.
We can determine whether a pending claim or required filing is standing between your case and the final decree. Pennsylvania’s Unified Judicial System identifies additional documents used to complete qualifying no-fault cases, including a notice that you intend to request the decree and a “Praecipe to Transmit the Record”, which asks the court to move the case forward for entry of the divorce decree.
FAQs About the Pennsylvania Divorce Timeline
Can I Start a Pennsylvania Divorce Before We Have Agreed on Everything?
Yes. You can file a Pennsylvania divorce complaint before you and your spouse have resolved your financial claims. Those claims can delay the final decree, but you do not need a complete settlement agreement to begin the case.
What Happens if My Spouse Does Not Respond to the Divorce Papers?
Your spouse cannot prevent a Pennsylvania divorce indefinitely by refusing to respond. If mutual consent is unavailable, you can potentially proceed under Pennsylvania’s separate-and-apart no-fault procedure once its requirements are satisfied.
Can We Speed Up a Pennsylvania Divorce if We Agree on Everything?
Yes. Agreement can shorten a Pennsylvania divorce by eliminating disputes that would otherwise require negotiation or court proceedings. You still have to satisfy Pennsylvania’s waiting requirements before the divorce is final.
Does Moving Out Start the Pennsylvania Divorce Timeline?
Moving out and filing for divorce are separate events. Your separation date can be significant under the one-year separation provision, while filing the complaint formally begins the divorce case.
Do I Have to Go to Court to Get Divorced in Pennsylvania?
Not always. Pennsylvania allows certain no-fault divorces to proceed without a hearing once the applicable requirements have been satisfied. Court proceedings could still be necessary if unresolved financial claims require a judge’s decision.
Talk to Pittsburgh Divorce & Family Law About Your Pennsylvania Divorce
When you are waiting for your marriage to legally end, a statewide average only tells you so much. You want to know what still stands between you and the final decree.
Pittsburgh Divorce & Family Law, LLC can look at where you are in the divorce process and explain what needs to happen next. Call (412) 471-5100 or contact our firm to discuss your divorce and the timeline you could be facing.