Law Office of Joanne Kleiner

Uncontested Divorce

Jan 07

How Long Does a No-Contest Divorce Take to Complete in Pennsylvania?

What Is the Timeline for a No-Contest Divorce in Pennsylvania?

Since 2019, divorce rates have been on the rise. According to Business Insider, the physical, mental and emotional stresses of a nearly two-year-long COVID-19 pandemic are wearing on people, with those 27% of marriages in people age 20 to 24 ending in divorce in 2020. When two people want to end their marriage quickly and without a long court battle, a no-contest divorce may offer an ideal timeline for both parties.

Choosing a No-Contest Divorce

A no-contest divorce is different from a no-fault divorce. In a no-fault divorce, you and your ex-partner agree that you’re incompatible for marriage and neither party is to blame. A no-contest divorce means that you and your ex-spouse agree on the grounds for the divorce. Both a fault and a no-fault divorce can be uncontested in Pennsylvania.

Filing a Summons

The first step in a no-contest divorce is filing a summons. The summons is filed in court and to your spouse. The partner who receives the summons is called the defendant. The defendant has 20 days to respond to the summons. As soon as they accept and sign the affidavit, your divorce lawyer may immediately file divorce papers with the court. If the defendant doesn’t respond within 20 days, you as the plaintiff can have your attorney file for divorce in court.

Using a Notary Public

If the defendant doesn’t plan to contest the divorce, they can sign the affidavit in front of a notary public. You can sign the papers at the same time, then your attorney can file them with the court. This may be faster than using a summons if you and your ex-partner agree to a no-contest divorce.

Pennsylvania Waiting Period

Pennsylvania law requires a 90-day waiting period in lieu of the one-year waiting period. To do this, both parties must agree on all issues before the filing and before the papers are handed to a judge. You and your ex-spouse agree to not contest any issues, including child custody, spousal or child support or the division of property.

Filing for Divorce in County Court

The next step in a no-contest divorce is filing papers with the county clerk where the plaintiff resides. Once papers are filed with the court, the timeline is out of your hands, your ex-spouse’s hands and your attorney’s hands. Some counties have busier family courts than others. In general, it may take a family court judge six weeks to six months to read, approve of and sign the papers after the completion of the 90-day waiting period. Your attorney may have an idea of the court’s current caseload at the time of your filing, and they may be able to give you a more accurate estimate of how long it might take the judge to sign your paperwork.

Court Appearance

You will receive a letter with a court date regarding your no-contest divorce. You must appear in person to sign the documents in front of the judge. It’s a good idea to have your divorce lawyer present at this court proceeding to review the paperwork and make sure everything is in order. This court appearance is typically brief, although you may have to wait for other cases to be processed during the court’s operational hours.

Remarriage

Although remarriage might be the last thing on your mind after a divorce, you may want to know if there’s a waiting period for it in Pennsylvania. In Pennsylvania, there is no waiting requirement for remarriage after a divorce.

Anyone considering a no-contest divorce in Pennsylvania should speak with a divorce lawyer for additional information about the process and to determine whether or not it’s the best course of action. Knowledge of the typical timeline for this process will help you plan for your personal and financial future. To schedule a consultation with the Law Office of Joanne Kleiner, call 215-886-1266, or fill out our online form to be put in touch with our Jenkintown divorce attorney.

Oct 18, 2017

Uncontested Divorce in Pennsylvania

Uncontested Divorce Lawyer

Many people are interested in the smoothest possible management of their Pennsylvania divorce claim. This may mean that you initiate a claim for uncontested divorce. In a contested divorce, there may be one or multiple issues up for debate among the divorcing spouses.

You may not be able to come to terms about equitable distribution of the property or child custody. This is not uncommon as many people who are watching their marriage unravel are concerned about getting along with their spouse and may be unable to reach an amicable outcome. Pennsylvania law recently changed to allow for faster divorces for those people who have an uncontested marital dissolution.

In order to proceed with an uncontested divorce in Pennsylvania, you must be able to agree on all the terms with your spouse outside of court. This can mean significantly less time spent arguing and less money invested in your divorce overall. However, it is rare that you will be able to come to terms with your other spouse.

Different Types of PA Divorce

If you have been separated for a year or more and your date of separation happened on or beyond December 5th, 2016, you may be eligible to pursue a section 3301(d) divorce. You can also qualify for a section 3301(d) divorce if you have been separated for two years or more. In the event that neither of those two situations applies to you in your Pennsylvania divorce, you may still be eligible to receive a section 3301(c) divorce. The law requires a 90-day waiting period for all divorces under this umbrella.

A typical 3301 divorce may vary based on how soon you want the service to be completed. In a manner of weeks, you could have rush service completed but it could be up to 16 weeks for a typical divorce service. A 3301(c) divorce, however, may take several months with a rush divorce service and up to six months with a normal divorce service. If you have already tried to come to terms with your former spouse about the circumstances of ending your marriage and been unsuccessful at doing so, you are not alone.

Many people who are looking to dissolve their marriage and move on with their lives may try to work things out with their spouse in mediation or an informal settlement agreement. This may help move the ball forward if you and your spouse are able to come to terms on certain aspects of the divorce. But if you have a difficult spouse and one who will not agree to these terms willingly, you may need to consult with an experienced Pennsylvania divorce attorney who is knowledgeable about contested divorce.

Having someone in your corner from the outset of the divorce is strongly recommended in any case as you should be knowledgeable about ow long these processes typically take and what can be gained from speaking directly with a lawyer. When you know your rights and responsibilities at the outset of a divorce, you can make an informed decision about when and how to file. If you want to try to work thing out with your former spouse on your own, you are certainly entitled to do so but many people find themselves hitting a wall when it comes to agreeing on very contentious issues such as child custody. There is certainly nothing wrong with your or your case if you find yourself in this situation. Rather, you should prepare yourself to hire an experienced Pennsylvania divorce attorney who can walk you through each phase. Do not hesitate to get help when you are concerned about how your Pennsylvania divorce will be handled whether it is uncontested or contested. There are many different factors that can influence how long it will take for you to ultimately receive a divorce but the most important thing to consider is that having an attorney who is knowledgeable and caring about your individual situation can make a world of difference.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.