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The Divorce Site ... |
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PENNSYLVANIA Either
spouse must have been a resident of Pennsylvania for at least six months
before filing. The divorce may be filed for in a county where 1) the
defendant resides; 2) the plaintiff resides, if the defendant does not
live in Pennsylvania; 3) where the marriage home was, if the plaintiff
continuously resided in the same county; 4) prior to six months after
separation, and if the defendant agrees, where the plaintiff resides;
5) prior to six months after separation, and if neither spouse lives
in the county of the marriage home, where either spouse lives; and 6)
after six months after separation, where either spouse lives. [Pennsylvania
Consolidated Statutes Annotated, Title 23, Section 3104]. The
grounds for no-fault divorce in Pennsylvania are: 1) irretrievable breakdown
of the marriage with the spouses living separate and apart without cohabitation
for two or more years; or 2) irretrievable breakdown of the marriage
and the spouses have both filed affidavits that they consent to the
divorce. In the case of no-fault ground #2, 90 days must elapse after
the filing for divorce before the court will grant a divorce. [Pennsylvania
Consolidated Statutes Annotated, Title 23, Section 3301]. The
grounds for divorce are irretrievable breakdown of the marriage. If both spouses consent to the divorce, it will be handled
in an expedited manner. There are official sample forms for filing a
complaint for divorce on the grounds of irretrievable breakdown of the
marriage. There are also official forms available for filing the required
affidavit of consent. There are also other sample divorce proceeding
forms available in Pennsylvania Rules of Civil Procedure, Actions of
Divorce of Annulment Section, Rule 1920.01+. In addition, separation
agreements are expressly authorized. [Pennsylvania Consolidated Statutes
Annotated, Title 23, Section 3301; and Pennsylvania Rules of Civil Procedure,
Rules 1920.01+] |