Mutual Divorce: How to Get and What Are the Benefits?
A divorce can be a complicated, expensive, and emotionally exhausting process. However, in PA, there is a less daunting and burdensome procedure. Spouses can go through an uncontested divorce if they both want to break their marital bond and have a mutual divorce agreement as to all issues arising in the case. Normally, such concerns as marital assets, debts, and child-related matters require negotiation and further agreement. But if spouses have enough wisdom to settle them peacefully, a no-court divorce usually takes less time, cost, and efforts.
If you’re thinking of getting a Pennsylvania mutual divorce anytime soon, you should check out if you qualify. Having also a clear understanding of the process will help you avoid mistakes and delays. Luckily, you don’t have to study every resource on the internet. All necessary information is available at the URL here for your reference.
What Does the Term “Uncontested Divorce” Mean in PA?
As much as in any other state, Pennsylvania uncontested divorce can happen when spouses want and can solve their conflicts about property, financial, and child-related issues out of court. That’s why it’s often called mutual consent divorce.
Compared to a traditional in-the-court divorce where lengthy court litigations exhaust parties, an uncontested process is simpler and faster. However, to make it work, spouses must really try to talk about their conflicts tet-a-tet before taking the papers to the court. Otherwise, it may take a contested turn.
How Can You Get a Mutual Divorce in PA?
Not everyone can be a good fit. Only couples who meet the following requirements will qualify:
- The parties must demonstrate that their marriage is irretrievably broken.
- The spouses must show mutual consent regarding every issue arising in the divorce.
- The divorcees must file a written consent proving their willingness to divorce and agreement with all the terms.
- Finally, they must have been Pennsylvania residents for at least 6 months prior to attempting uncontested marriage dissolution.
If you qualify, a mutual divorce can be registered regardless of whether there are minor kids or not. Ideally, you should decide on child-related issues before submitting divorce papers to the court. However, Pennsylvania allows leaving this matter for later and solve it outside of the divorce case.
Other issues, however, such as assets, debts, family account money, etc. should be worked out before the final judgment. As soon as the divorce is finalized, you won’t be able to raise any marriage-related financial claims anymore.
How Does The Process of Mutual Consent Divorce in PA Look?
Naturally, a petition and other necessary documents must be filed with the court to start a marriage dissolution process. Pennsylvania allows filing in the county of either spouse’s residence or in any other if both parties agree with the choice.
For each county, there is a different mandatory divorce package of documents. Clearing out this moment before you file for divorce can save you from mistakes, rejections, and delays. To find out what documents are necessary for your case, you can consult a clerk’s office or try checking a Pennsylvania divorce online service. In addition to free information and pdf forms, such websites also offer help with completing and filing the papers. So if you have trouble figuring it out yourself, you can delegate the task to a professional.
Once you submitted the papers, the case was registered, and the fees paid, you have to arrange the service process so that your spouse could get and sign their copies. As soon as the papers will be signed and completed, you’ll have to file them back with the clerk’s office along with the Acceptance of Service completed and signed by your spouse.
Also, you will need to have an Affidavit of Consent and Waiver of Notice signed by your spouse. Pennsylvania will give you 90 days from the moment of filing to deliver the papers to the other party, have them signed, and then return them to the office of the court clerk. A completed Final Decree of Divorce must also be attached. The marriage will be considered dissolved after a judge signs it.
What Are The Benefits of Uncontested Divorce in PA?
Divorce is divorce, but uncontested processes offer far more benefits than contested cases.
The most obvious benefit is the cost. Depending on the county, details of your case, and whether you hire someone to do your paperwork, the cost may be slightly higher or lower. On average, however, you’ll pay around $500 in total, which may be 20-30 times cheaper than an average contested case.
Naturally, uncontested divorces are not even close as lengthy as contested cases. While you will need from 9 months to a couple of years to settle the conflicts in the court, the uncontested divorce can set you free from your marriage as soon as 3-4 months from the moment of filing. Given that 90% of this time you will simply be obeying a mandatory Pennsylvania waiting period – planning and investing in your future life as a single person.
Unlike traditional in-the-court cases, uncontested processes are usually significantly less stressful for every family member. As spouses must agree upon all the terms, an uncontested divorce presumes a respectful and cooperative relationship between spouses. It also means less stress for the children who witness their parents split.
Finally, an uncontested divorce means that you don’t have to abandon your normal life to appear in the court, discuss a divorce strategy with your lawyer, or meet at the table of negotiations with your spouse during mediation. The divorce will run its course while you’ll be building your career, having fun with your kids, or enjoying life with your friends.
