In Pennsylvania, people can obtain a divorce on either "fault" or "no fault" grounds. Most divorces proceed on "no fault" grounds which simply means that neither party must allege that the other did something wrong. For a "no fault" divorce, a party must allege that there are irreconcilable differences. There are two types of "no fault" divorces, commonly called 3301(c) and 3301(d) divorces (named after the statute number).

When the parties agree to be divorced

For a 3301(c) divorce, both parties generally agree that they want to be divorced. One party files and serves the divorce complaint (the court charges a filing fee). After a ninety day waiting period, both parties sign a 3301(c) affidavit, stating that the marriage is irretrievably broken, there is no chance for reconciliation and they wish to proceed with the divorce. The parties can then ask the court to grant the divorce, provided that the economic claims are resolved. Economic claims include issues like how to divide the house, cars, money and other property. If the economic claims are not resolved, the parties can request a hearing on those claims. Therefore, even if both parties agree, it will take a minimum of ninety days just to get to the point where the parties can proceed with the divorce.

When one party does not agree to the divorce

If one party does not agree to the divorce, the other party can proceed with a 3301(d) divorce. This type of divorce requires a two year separation. Once the parties have been separated for the required two years, one party can file a 3301(d) affidavit, alleging the separation and that the marriage is irretrievably broken. The other party is given a time period to respond. Once the two year separation is established, the divorce can proceed.

Fault divorces

Various grounds for fault divorces exist in Pennsylvania: adultery, habitual drunkenness, abandonment, etc. Since these grounds require at least a one year separation, most parties opt to file on no fault grounds and wait for the 24 month separation to avoid the procedures required (and expense involved) to prove the other party’s fault.

So how long will it take altogether?

Even a divorce where both parties agree can usually take four to six months. The complaint must be filed and served on the other party. Each party must wait the ninety days after the date of service to file their 3301(c) affidavit. Once those are filed with the court, assuming there are no property claims or issues involving children or support, the parties can file the appropriate paperwork to request that the court sign the divorce decree. There is an additional brief waiting period that the parties can waive if they so choose.

Issues regarding property (house, bank accounts, debt, etc.) will prolong the length of time required to obtain a divorce. When children are involved, it is usually preferable (but not always) to resolve all claims involving children (custody and support), prior to resolving the rest of the divorce issues. If the parties cannot come to an agreement, the time required will depend on the court’s schedule and the number of hearings required to resolve the issues.

4-6 months or 4-6 years?

The bottom line is that some divorces can be resolved in four to six months while others can take years. Although it is tempting to rush through a divorce in order to limit the unpleasantness and expense of the entire ordeal, the issues are usually so important that it is best to take your time so that you can make carefully thought out decisions. These decisions affect you for years to come so, like any important life decision, take your time so that you can consider each issue and its impact.

Please note that these articles are intended for information only and cannot substitute for specific legal advice, tailored to your individual situation.