There are two main types of divorce: contested and uncontested divorce. A contested divorce means the couple cannot agree on one or more terms of the divorce, such as child custody, child support, alimony, and property division, while an uncontested divorce means the spouses agree to all divorce-related issues.
In Pennsylvania, an uncontested divorce is commonly known as a “mutual consent divorce” or a “no-fault divorce.” A mutual divorce is resolved much quicker – within a span of three to four months – compared to a contested divorce, which may take years to finalize.
In order to file a mutual consent divorce in PA, the requirements you must meet include:
- The marriage is irretrievably broken
- Both parties agree to divorce
- Both parties wish to sign an affidavit that states their consent to the divorce
Even if a couple does not initially agree to all divorce issues, they may still end up going through a mutual consent divorce after resolving their differences through mediation. In addition, couples may file a mutual consent divorce if they share children together or not.
After 90 days have passed since filing the divorce papers, each spouse will file an affidavit that states they agree to the divorce. Once the court receives the affidavits and other documents, a judge will grant a divorce without holding a formal hearing.
Remember, whether you are going through a contested or uncontested divorce, it is imperative to have an attorney on your side to protect your rights and best interests, as well as secure a favorable outcome to help you get a fresh start in life after divorce. At the Law Offices of William D. Thompson, we can review your case, handle all the paperwork, meet all the deadlines, and finalize your divorce.