Can I Get a Divorce if My Spouse Doesn’t Want One?
Yes, you absolutely can get a divorce if your spouse doesn’t want one, but there is a separation requirement involved, and you can generally expect the process to be more challenging. The State of Pennsylvania is not in the business of forcing those who no longer want to be married into staying married. It is important, however, to proceed with skilled legal guidance protecting your financial rights and your rights as a parent. Our experienced Harrisburg divorce attorneys at McDonald Myers Law are standing by to help.
The One-Year Separation Requirement
If your spouse does not want a divorce and does not consent to your request, a one-year separation requirement applies, and it can be a considerable hurdle. During this time, you’ll have the opportunity to negotiate divorce terms, but if your spouse is not on board with the divorce in the first place, they’re unlikely to be in the mood for meaningful negotiations.
Meeting the Requirement for Living Separate and Apart
While you and your spouse are required to live separate and apart for a full and continuous year, this doesn’t necessarily mean living at different locations. You can continue living in the same home if you implement all the following restrictions:
- Maintaining separate bedrooms and ending your romantic relationship
- Living separate lives
- Preparing and eating meals separately
- Separating your finances
The idea is to no longer live as a married couple, and if you can manage this while occupying the same living space, you meet the legal requirement.
Determining When Your Separation Began
Determining when your year of living separately and apart began is critical to fulfilling the requirement. It’s also important in terms of how marital property is addressed. Once your final separation begins, any assets acquired by either spouse become their separate property. This means that they won’t be addressed during property division.
If one of you moves out of your marital home, it starts the clock on the separation requirement. This is more difficult to achieve, however, if you continue living under the same roof. While not required, creating a settlement agreement is an effective tool for defining that one-year of separation. It can also address relevant financial concerns and child custody arrangements.
Once the one-year separation requirement is met, your spouse needn’t be in agreement with you regarding the matter of divorce. They may, however, be more amenable to negotiating fair terms, which could keep your case out of court.
If You Seek a Fault-Based Divorce
If you seek a fault-based divorce, the waiting period is waived, but the legal process is likely to be more daunting. Ultimately, you’ll need to prove that your spouse’s wrongdoing caused your marriage to fail, which can be exceptionally challenging and requires the court’s intervention. The most common forms of fault cited in divorce cases include adultery, cruelty, and abandonment.
Turn to Our Experienced Harrisburg Divorce Lawyers for the Help You Need
Our dedicated Harrisburg divorce attorneys at McDonald Myers Law will leave no stone unturned in our focused efforts to guide your case effectively and efficiently forward toward an optimal outcome. We’re on your side, so please don’t delay contacting us online or calling us at 717-704-9077 for more information today.
