Areas of Practice
Separation Dates Are Important
In the best case scenario for a divorce, the couple involved have had frank, honest and amicable discussions about the fact that a marriage is no longer working for either of them. In such cases, both parties agree that adivorce is required, and, because there is mutual consent, getting a divorce is simply a matter of prudently seeking legal advice from a divorce lawyer, and then getting the divorce agreed upon, finalized and recognized by the court, on average, in about five months. But that’s the best case scenario. In other cases, things don’t work out quite as smoothly, and a divorce may take some time.
In the case of a ” no fault” divorce, where neither party has committed an act that a court would find automatic grounds for a divorce, there are conditions that need to be met if consent isn’t mutual. If one party wants the divorce, but the other doesn’t, a no fault divorce can still occur, but Pennsylvania law requires that a couple be separated for TWO years prior to the divorce application being recognized.
This means that it is very important to have a ” start date” of some kind confirmed for when the separation process started, in order to be able to smoothly conduct a divorce of this type. This can be difficult to pin down,based on a number of factors, and circumstances. Living in the same home-while still legal-can complicate the confirmation of a separation date.
Get Professional Advice
This is why if you’re serious about getting a divorce, but your partner isn’t, you should go to a specialist like Zitomer Law and get good advice from an experienced divorce lawyer. The separation period and its start date is an important piece of information if you want a divorce to be conducted as quickly as legally possible. Good legal advice will steer you on the right path for ensuring that when you feel you’ve been separated for two years and want to finalize your divorce, the court will agree with your interpretation of dates and grant the divorce.