Erie Divorce Lawyer

In Pennsylvania, divorce law and procedure is covered by the Domestic Relations Title 23, primarily chapters 31 and 33. Each county has unique local procedures for handling divorce cases and set the process the family lawyers and spouses must follow.

Obtaining a divorce without the need for a hearing will reduce costs and fees

The law in Pennsylvania spells out when a divorce can be obtained without the need for a hearing. Specifically, the law states:

A. No Fault – Section 3301(c) and 3301(d) – a divorce can be obtained under these grounds without the necessity of a hearing.

1. Section 3301(c) – A divorce by mutual consent of the parties may be obtained where both parties sign affidavits consenting to the divorce and the complaint alleges that the marriage is irretrievably broken. The affidavits cannot be filed until 90 days have passed since the complaint was filed and served.
2. Section 3301(d) – A divorce may be obtained based on the separation of the parties, and an irretrievable breakdown of the marriage where the parties have lived separate and apart for a period of two years or more.
3. Separation – parties can be separated even though they reside in the same household. “Separate and apart” is defined as the “complete cessation of any and all cohabitation, whether living in the same residence or not.”

• Separation may include termination of sexual relationship, separation of financial matters, and representation to the community that you are separated.
• Occasional sexual encounters between the parties do not effect the two year period of separation.