Pennsylvania divorces are determined by the type of proceedings chosen. There are two forms of uncontested divorce that are achievable in the state. Fault-based divorces are also utilized. Lastly, the petitioner could file a divorce petitioner under mental health reasons. However, the defendant must be institutionalized for no less than eighteen months.
What Is a Mutual Consent?
Mutual consent indicates that both parties have agreed to the divorce. They have created a divorce agreement that is acceptable for each party. The spouses don’t feel the need to dispute the terms of this agreement. Equally, they aren’t blaming each other for the breakdown of the marriage. This form of divorce equates to an uncontested divorce in other states. However, if either spouse wishes to acquire alimony or any financial support, they cannot file a petition after the divorce is final.
Divorce After Separation
When couples cannot agree to complete a divorce, there is an alternative option. The petitioner can live separately from the defendant for at least two years. After a two-year period, the petitioner could acquire a divorce based on the separation without the consent of their spouse. All that is needed is a formal affidavit in which the petitioner swears the parties have lived apart and maintained separate lives according to family law requirements.
Choosing a Fault
Fault-based divorces require the petitioner to testify about the defendant’s wrongdoings. Among these grounds are adultery, desertion, incarceration, and domestic violence. The petitioner must present evidence to prove these allegations. For example, if they allege that the defendant committed adultery, they could present video footage, phone records, or electronic messages. In cases where incarceration is the cause, the defendant must be sentenced to at least two years.
The defendant could present his or her own evidence to discredit the petitioner’s claim. If they could provide evidence that proves the petitioner is guilty of wrongdoing, the court may throw out the case.
Family law defines how divorce proceedings are conducted. They identify the guidelines for filing a divorce petition correctly. These guidelines also dictate the requirements based on the reason for the divorce. To learn more about these proceedings, visit website today.Follow us on Twitter!
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