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A Comprehensive PA Guide to Uncontested Divorce

Categories : Family Law
January 28, 2025

Going through a divorce can be challenging. However, agreeing with your spouse to terminate your marriage amicably may help you move on with a more positive mindset. Uncontested divorces allow spouses to end their marriages through an expedited legal process. They are usually more straightforward, less expensive and more peaceful than contested divorces. Learn more about how to file an uncontested divorce in Pennsylvania.

What Is Uncontested Divorce?

An uncontested divorce occurs when the spouses agree that the marriage has irretrievably broken down and have no contention regarding the divorce and associated matters such as marital debtchild support and custodyproperty distribution and alimony. In other words, the parties have no disagreements concerning the divorce, how property acquired during the marriage should be shared, the child custody arrangements, the amount and mode of alimony payment and any other issues that may arise during the divorce proceedings. 

Uncontested divorces have multiple benefits. Generally, they are faster, less expensive and simpler than contested divorces, given the circumstances. However, it’s essential to understand the process to eliminate avoidable delays, expenses and frustrations. 

Uncontested vs. Contested Divorce

There are notable differences between uncontested and contested divorces in Pennsylvania.

What Is Contested Divorce?

Contested divorces arise when the parties disagree on divorce and related issues. The spouses seeking divorces are at odds concerning the divorce itself or other matters like who should have custody of the children, how marital property should be distributed and how much alimony should be paid. In such cases, a judge’s assistance may be the most efficient way to terminate the marriage.

You may resort to contested divorces where:

  1. There is a communication challenge between you and your spouse.
  2. There is a history of intimidation or abuse in the relationship.
  3. Your spouse acts in bad faith or dishonestly.
  4. Other factors make it difficult to agree on the divorce and related matters outside court.

Differences Between Uncontested and Contested Divorces

In uncontested divorces, the parties agree to the divorce terms and sign an affidavit consenting to a divorce. The judge may not be heavily involved in all aspects of the divorce proceedings but will review and approve the divorce. 

Uncontested divorces are relatively easier because the parties agree on the essential issues. Uncontested divorces may also cost less and are generally faster since you skip many of the time-consuming legal procedures. Spouses in contested divorces can prolong the inevitable, leaving them frustrated and hostile. 

Furthermore, uncontested divorces may be more challenging to appeal than contested divorces, although certain agreements may be modified. However, since the parties make the decisions themselves, they are usually less likely to be dissatisfied. In contested divorces, the judge ultimately makes the final decision on issues that the parties may not agree on, which can lead to one party feeling especially dissatisfied. In cases where one party is dissatisfied, that party can and often does appeal the decision. 

Uncontested Divorce and No-Fault Divorce

No-fault divorces are those kinds of divorces that do not require the parties to prove misconduct or wrongdoing on the part of the other. If a divorce is uncontested, it is almost always a no-fault divorce. No-fault divorces may be obtained in the following ways:

1. Mutual Consent

Mutual consent occurs when the parties allege that the marriage has irretrievably broken down and should be terminated. The couple would have to wait 90 days after starting the divorce process, and each party must file an affidavit indicating their consent to the divorce. The court may presume consent when the other party is convicted of committing a personal injury crime against the other. 

2. Separation

The court may grant the divorce when the parties allege that the marriage has irretrievably broken down and file an affidavit indicating that they have lived separate and apart for a year or more. However, there is an additional requirement. 

The plaintiff must establish that the defendant either agrees with the allegations in the affidavit or denies one or more of them. When the defendant denies an allegation, the court may conduct a hearing to determine the validity of the allegations. 

Where the court conducts a hearing on the basis that the defendant agrees with the allegations in the affidavit and determines that there is the prospect of reconciliation, the court will continue with the matter for more than 90 days but less than 120 days and subject the parties to counseling with the hope of resolving their differences. When the reconciliation is unsuccessful, and one party states on oath that the marriage is irretrievably broken down, the court may evaluate the situation and determine whether a divorce is warranted. 

3. Institutionalization 

The plaintiff may seek divorce because their spouse has a severe mental challenge and has been confined in a mental institution for at least 18 months immediately before the plaintiff filed for divorce. The plaintiff must also establish that there is no reasonable prospect that the defendant will be discharged in the following 18 months.

Differences Between Uncontested and No-Fault Divorces

The term “no-fault” in the context of divorce describes the legal standards that will be evaluated to determine if a divorce can take place. The legal grounds for a “no-fault divorce” are different than the legal grounds for a “fault divorce.” 

“Uncontested” in the context of divorce establishes the procedures that will be followed during the divorce proceedings. The procedures used during an uncontested divorce are different than those for a contested divorce.

The terms are sometimes used interchangeably because no-fault divorces are usually with the consent of the other party, and thus uncontested. However, there may be instances in no-fault divorces where the other party may not consent, like when the other party has been institutionalized.

Why You Should Choose Uncontested Divorce

If you meet the grounds for an uncontested divorce in Pennsylvania, there are many advantages, including:

1. Fewer Expenses and Costs

Contested divorce processes are laborious and relatively more expensive than uncontested divorces. Attorneys may spend more time handling disagreements and may be required to go through the complete procedure, including mediation, hearings, discovery, depositions and, if necessary, a trial. On the contrary, uncontested divorces allow you to skip most of the legal hurdles, which may reduce legal fees and other associated costs. 

2. Greater Privacy

Uncontested divorces are more private, allowing the parties greater control over their affairs. They can make arrangements that suit their needs without the interference of a third party. Also, the parties may file fewer documents with the courts, meaning less information in public records. Settlement agreements filed with the local courts may be on record. However, personal negotiations and discussions may remain confidential.

3. Faster and More Convenient

When both spouses agree on the vital issues concerning their divorce, they can skip some parts of the divorce process. For example, the judge may only review and approve the settlement agreement without going through a trial. This saves time and energy you’d otherwise spend preparing and filing processes, checking emails and attending dispositions and court sessions.

4. Better Experience for Children

Children may find it difficult when their parents divorce. They often look up to their parents and want to see them happy. In such situations, it is essential to communicate with your children and help them understand that circumstances warrant a divorce. 

Although divorces are usually challenging for the family, it helps when the children know and witness that their parents’ divorce is calm and friendly. Uncontested divorces may help the children better understand their parents’ decisions and be more supportive of the divorce. Additionally, relationships with the children may be more cordial when the parties resolve custody issues and child support without interference.

5. Increased Amicability

Divorces can be challenging but healing and empowering when parties terminate their marriages amicably. Uncontested divorce proceedings allow the parties to make their own decisions and create a plan that works for them and their children. It may facilitate communication, allowing the parties to reconcile and continue the rest of their lives positively. 

Pursuing an Uncontested Divorce in Pennsylvania

There are multiple ways to pursue an uncontested divorce, including the following:

1. Self-Representation

Parties who file for divorce may decide to represent themselves in court. The court usually treats the case like those being handled by attorneys admitted to the bar of the Commonwealth of Pennsylvania. Therefore, it is vital to understand statewide and local rules for court and any other legal requirements to help you succeed.

Although you may not pay attorney fees, you may incur other expenses for filing processes. The cost varies depending on the county and document in question. If you cannot pay, you may be required to inform the prothonotary in the county court. The court may conduct a hearing or decide, based on the information you provided, whether to waive the payment of filing fees. 

2. Filing Service

Online divorce services are designed to walk you through the process, such as preparing the divorce papers, drafting settlement agreements and other procedures. Some require you to fill out an online questionnaire or go through an interview process to help you with the paperwork and inform you where and how to file it. Some online service providers may file the forms for you at an additional cost.

3. Attorney Representation

Partnering with an attorney is the most effective way to go through a divorce. Attorneys have the skills, training and knowledge to evaluate your case and advise you on the best route. They will assist you by:

  • Helping you avigating the legal filing process.
  • Ensuring that all necessary forms are filed on time.
  • Mediating any disputes that may arise during discussions and negotiations.
  • Ensuring that the final divorce agreement is proper and fair.
  • Resolving conflicts if an uncontested divorce suddenly becomes contested.
  • Representing you in various hearings if the divorce goes to trial.

Selecting a lawyer with experience practicing divorce law in your state and county is essential. Partner with attorneys committed to helping you navigate such difficult situations and understanding your needs. That way, you may lessen the challenges and stresses of divorce. 

Step-by-Step Guide to Uncontested Divorce in PA

Here are the steps on how to file an uncontested divorce in Pennsylvania:

1. Preliminary Considerations and Requirements

According to the divorce code, you are eligible to file for divorce if at least one spouse has been resident in the state for at least six months immediately before filing for divorce. Regarding where to file an uncontested divorce in PA, the law states that the plaintiff may bring an action for divorce in the county where:

  1. The defendant lives.
  2. The plaintiff lives if the defendant is a resident outside the state.
  3. The parties resided together when married if the plaintiff has continuously lived there.
  4. Either party lives if it’s been six months or more since they separated.

Additionally, it would be best to consider other matters related to the divorce, such as child support and custody, alimony and property distribution. Besides child support and custody, a party may lose their rights to make such claims once the court enters the divorce decree if they fail to request such. Therefore, it helps to find an agreement with your spouse concerning these matters before going to court.

2. Filing the Divorce Complaint

Divorce proceedings begin with filing a “complaint,” which tells the court why you should get a divorce from the spouse. For uncontested divorces, it helps to file based on mutual consent. You must attach a “Notice to Defend and Claim Rights” and the “Verification” in addition to the divorce complaint and file them at the county’s prothonotary office at the court. Then pay the appropriate filing fee unless the court has exempted you from such payments.

3. Serving Your Spouse

After filing the complaint, notice to defend and verification, serve the defendant with copies of the documents within 30 days. However, where the defendant lives outside Pennsylvania, you must do so within 90 days. You must effect service within the prescribed time or else you will be required to reinstate the complaint and re-serve it. You can serve the documents by personal service, acceptance of service or certified mail. File proof of service at the court when completed.

4. Awaiting Response

Once you serve the documents on the other party, you must wait 90 days before filing your consent forms. Both parties may file an affidavit of consent declaring they have agreed to divorce. Once signed and dated, it must be filed within 30 days. Otherwise, it must be re-signed and re-filed.

Additionally, each party could sign and file a waiver of notice, or either party could send the other notice of intention to request a divorce by mutual consent. In the first instance, either party may file a process to transmit records to the judge immediately. However, if one party sends the other a notice to request a divorce by mutual consent, they must wait 20 days before filing the request to transmit records.

5. Finalizing the Divorce

The court may review the documents and enter a divorce decree. If there are any errors, the final approval may be delayed until you make the necessary corrections. The court will mail you the divorce decree to confirm the divorce.

Required Documentation and Resources

You may be required to file various processes depending on the facts of your case. Most of these documents are available on the Pennsylvanian Courts website, with additional resources and support to help you through the process. The standard uncontested divorce forms include the following:

  1. Notice to defend and divorce complaint 
  2. Affidavit of consent
  3. Waiver of notice
  4. Certificate of service
  5. Final praecipe to transmit record
  6. Divorce decree
  7. Acceptance of service
  8. Affidavit of service by certified mail
  9. Affidavit of service personal service

Where you pursue divorce by self-representation, you may also be required to file a self-represented party entry of appearance form. 

Schedule a Consultation With MPL Law

At MPL Law, we leverage our experience and knowledge to help persons in Pennsylvania through their divorces, whether contested or uncontested. We can assist you in negotiating the terms of your settlement agreement, help you protect your interest and take the load off your shoulders. 

Our professionals dedicate time and effort to understanding your needs and developing strategies to yield the desired results. Schedule a consultation today to learn the best way to navigate your divorce.

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