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What Are the Divorce Requirements in Pennsylvania?

Montgomery County Lawyer Discusses Requirements for Divorce

You may have only begun to consider a divorce. You may have already started going through the motions. In either case, you may be wondering: Are there any prerequisites to filing for divorce in Pennsylvania?

As with all proceedings found in family law, there are, in fact, a number of requirements that must be met in order for a divorce to be granted. Generally speaking, most of these steps are met long before the divorce is filed. However, you should speak with a dedicated Montgomery County divorce attorney to ensure all the appropriate measures have been taken beforehand. Attorney Sheryl Rentz has over two decades of service in the family law community and has helped many individuals going through divorce successfully meet their goals. For more information or to schedule an appointment with the Law Offices of Sheryl R. Rentz, dial (610) 645-0100.

But don't delay. Depending on the circumstances of your relationship, divorce can take a considerable amount of time - much more than you may have initially expected. The sooner you are made aware of potential issues with your divorce, the sooner you will be able to take the appropriate steps to remedy the situation. Call Montgomery County attorney Sheryl Rentz today and get the information you need to begin moving forward.

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What Are Residency Requirements?

Most states require at least one person in the relationship to be a full-time resident, for a designated amount of time, before the court will hear the case. In Pennsylvania, either person must have lived in the state for at least six months prior to filing. Please note that, as of 2014, this concerns same-sex couples, as well.

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What Are The Grounds For Divorce In Pennsylvania?

The grounds for divorce amount to the reasons "why" the couple has decided to split. In Pennsylvania, this explanation falls into two distinct categories:

No Fault Grounds

  • Mutual Consent - Sometimes called uncontested divorce, this type of filing states that both individuals entering into the divorce agree that the marriage is irrevocably broken and wish to separate. A time frame of 90 days since the divorce action must elapse before the court will see the case and both individuals must sign an affidavit.
  • Irretrievable Breakdown - Under this circumstance, an individual who has consented to divorce, but whose spouse refuses to sign the affidavit or agree to the action, can request the court's assistance. This individual must prove in a signed affidavit that the couple has lived apart for at least two years and the marriage is beyond repair.

Fault Grounds

  • Malicious desertion - It is proven that the defendant in the case willfully left the spouse for a period of a year or more, without reasonable cause.
  • Committed adultery
  • Committed bigamy with current and previous wife without their knowledge
  • Physically, emotionally, or mentally abusive
  • Imprisoned for two or more years

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The Counsel You Deserve

Divorce is hard enough. Don't let unforeseen issues complicate an already difficult process. For more information contact the Law Offices of Sheryl R. Rentz today at (610) 645-0100.

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Additional Information

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