Understanding Different Types of Divorce in Pennsylvania

Pennsylvania divorce can be confusing because the process depends on whether both spouses agree, whether the required waiting periods have passed, and whether one spouse is alleging fault.

The three broad categories people often hear about are mutual-consent divorce, unconsented divorce, and fault-based divorce.

Mutual Consent and Unconsented Divorce

In a mutual-consent divorce, both spouses agree that the marriage is irretrievably broken and each signs the required consent after the statutory waiting period. This can be more direct when both parties are ready to move forward.

In an unconsented divorce, one spouse does not agree. The filing spouse may need to show that the parties have lived separate and apart for the required period and that the marriage is irretrievably broken. In some circumstances, spouses can be considered separate and apart even while living in the same home.

Fault-Based Divorce

Fault-based divorce may involve allegations such as desertion, adultery, bigamy, imprisonment, cruel treatment, or other statutory grounds. Fault-based claims require careful factual review and evidence.

Divorce also often intersects with custody, support, equitable distribution, and Protection From Abuse concerns. A useful early consultation usually involves a timeline, current addresses, financial records, marriage records, and documents related to any urgent safety or property concerns.