Legal Question in Family Law in Pennsylvania

Re: Divorce

Section 3301 (c) & (d) of Pennsylvania's Divorce Code provide for no-fault divorces, either through mutual consent of the parties or, if one party does not consent, on grounds of irretrievable breakdown of the marriage combined with the fact of the parties having lived separate and apart for two years. The process is begun by the Plaintiff filing a complaint in no-fault divorce accompanied by an affidavit as to the grounds and period of separation. This is served on the Defending spouse with notice of her right to respond with an answer and counteraffidavit. There is a statutory format for these documents.

However, once a divorce complaint is filed, the responding party may file an answer and counter claim raising issues of division of property and support, among others- these are called ancillary claims. Generally these claims will have to be settled before the divorce is finalized. In some instances the court will allow the divorce count of the matter to be finalized prior to the resolution of the financial matters - this is called bifurcation- but it is not the norm.

If, following the filing and service upon the defending spouse of the divorce complaint and an affidavit asserting irretrievable breakdown and the requisite separation period, the defending spouse does not contest the divorce, the plaintiff may request a final decree in divorce be entered.

Ilene Young, Esq.

As a side note: My web page contains a short Pennsylvania Divorce FAQ as to the usual procedure to be expected in a divorce action at www.ileneyoung.com

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