Do Both Spouses Have To Agree To The Divorce?
The State of Pennsylvania supports no-fault divorce, and this means that either spouse can seek a divorce even if the other is not in agreement. When this is the case, however, there is a one-year separation period that applies. Divorce is always challenging, and if your spouse refuses to participate in the process, it can be more so. Turn to an experienced Pennsylvania divorce attorney for the help you need.
You Face a One-Year Separation Ahead
If you are pursuing a divorce that your spouse does not want in the State of Pennsylvania, you are facing a one-year separation period ahead. Not until all the following apply can the one-year requirement begin:
● You notify your spouse of your intention to divorce.
● You and your spouse begin living separate and apart.
● You and your spouse stop engaging with one another the way married couples do.
Living Separate and Apart
To live separate and apart for a full year, many couples take up separate residences, which demonstrates a clear separation. To fulfil this requirement, however, you don’t have to move out of your shared home.
If you choose to engage in separation under one roof to co-parent more effectively, to conserve resources, or to do both, you must observe the following requirements:
● Living as separate individuals
● Refraining from sexual relations with one another
● Maintaining separate bedrooms
● Refraining from sharing meals and from engaging in joint social outings
Separating Your Finances
It is also a good idea to separate your finances at this point. Doing so helps further establish the date of your separation. Additionally, it helps to ensure that you won’t accrue new marital debt and helps to better define separate property obtained during the separation period.
Once the Waiting Period Has Elapsed
Once the one-year separation requirement is behind you, you can file for a no-fault divorce. Your spouse is likely to respond to your filing, and if you haven’t resolved the applicable terms during your separation, it’s time to do so.
The primary terms of divorce are the equitable (or fair) division of marital assets and any spousal support that applies. While separate matters, child custody and child support are often resolved in tandem with divorce terms.
If you can’t reach mutually agreeable terms, your case will proceed to court. You can, however, rely on your dedicated divorce lawyer to engage in skillful negotiations on your behalf. Mediation can also help keep your case out of court, which can prove highly motivating.
An Experienced Harrisburg Divorce Lawyer Is Standing By to Help
Allissa McDonald Myers is a focused Harrisburg divorce attorney at McDonald Meyers Law who will spare no effort in pursuit of your case’s best possible resolution and in the protection of your rights. Your divorce terms are important, so please don’t put off reaching out for more information by contacting us online or giving our firm a call at 717-799-8546 today.
