Legal Question in Family Law in Pennsylvania
substitution of cooling off period in PA
Can the 90-day cooling off period be substituted in PA? If a couple agreed
between themselves to a no-fault divorce more than 90 days before filing a
legal divorce complaint, and they have gone to marriage counseling at
various points throughout their marriage, do they still have to a) wait 90 days
for the divorce to be finalized and b) have mandatory marriage counseling to
determine that the marriage is 'irretrievably broken'? This is not a situation of
2 year separation but rather 3 or 4 months separation used to agree about
separation of property, etc, before officially filing. The cooling off period
seems unnecessary and redundant in this case. Thanks for any help.
1 Answer from Attorneys
Re: substitution of cooling off period in PA
The short answer is no. The courts need to know when the 90 days started they do this by requiring a file divorce complaint. It is the only way the court could know when the 90 days started.
As to counseling, either party may request it. So, if neither party does its a non-issue.
In a consent divorce the 90 day waiting period starts to run once the divorce complaint is filed. After that you and your soon to be former spouse must file and execute the consents with in 30 days. Once both consents have been filed then you file a request for a divorce decree.
If you have any further questions feel free to contact me.
John A. Davidson
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