Pennsylvania follows the No-Fault Divorce rule, which is a simplified means of obtaining a divorce in PA. Prior to 1980, a person had to prove fault (some type of misconduct) of the other spouse to obtain a divorce from that person. In the absence of fault, a divorce could not be had, even where both parties consented and agreed that the relationship was over.

No-Fault Divorce is based on an "irretrievable breakdown" of the marriage, which is defined as estrangement due to marital difficulties with no reasonable prospect of reconciliation. Where both parties agree that the marriage is irretrievably broken and they consent to a divorce, a divorce may be granted by the courts after a mandatory 90-day waiting period.

Without the consent of the other spouse, either party may still obtain a divorce by filing a divorce complaint alleging that the marriage has suffered irretrievable breakdown and that the parties have been living "separate and apart" for a period of two years.

 "Separate and apart" can occur when at least one of the parties demonstrates an intent to end the marriage. Persons residing in the same household may still be considered "separate and apart" provided that they have ceased to have a marital relationship and have limited contact with their spouse.

If you are seeking a Divorce, our firm handles these types of cases on a daily basis. Call Attorney Artim at (412) 823-8003 to schedule your initial appointment. If you prefer, send an email to Attorney Greg Artim