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Under Pennsylvania Law, there are typically 2 ways of obtaining a divorce. The first way is a divorce that is completed by consent. This is completed under section 3301c of the PA Divorce Code. The requires the filing and serving of a divorce complaint, a 90 day waiting period, followed by the execution of the divorce consents by both parties.

Often times, one party or the other may refuse to sign a consent. For example, spousal support or alimony pendente lite is often awarded to the lower earning spouse. The support award ends being anywhere between 30% and 40% (depending on whether there is also a child support award). Those support payments will continue until the divorce is completed, often times regardless of the length of the marriage. We have seen this result in people paying for support for 2 or more years for a marriage that lasted that long or less, which seems patently unfair. The had required 2 years of separation before a divorce could be completed without consent. Fortunately, the law was modified, which went into effect in December of 2016. The law, found under section 3301d of the PA Divorce Code, now allows for the completion of a divorce following a one year separation. Under section 3301d, if one party refuses to consent, the divorce can still be finalized without that persons consent once there has been one year of separation.

If you or someone you know needs representation, contact the PA Divorce Law Firm of Justin C. Gearty Jr. We offer a free, no obligation phone consultation. We are often able to offer a flat fee for divorces under 3301c and 3301d when there are no corresponding property or child custody claims. Call today for more information. 717-490-6325