When spouses consider divorce, one of the first questions they ask is an important and practical one: “How long will it take?” The answer depends on several factors, and Pennsylvania law sets certain waiting periods that apply to every case. Knowing what to expect at each stage can help you plan ahead and reduce some of the stress associated with this difficult time.
What Are the Two Types of Divorce in Pennsylvania?
Pennsylvania offers two paths to divorce: No-fault and fault-based. A “no-fault” divorce means neither spouse is blamed for the marriage ending, while a “fault-based” divorce requires one spouse to prove wrongdoing such as adultery or abandonment. Most people choose the ‘no-fault’ route because it tends to move faster and costs less, and the type chosen directly affects how long the process takes.
How Long Is the Waiting Period for a No-Fault Divorce?
Pennsylvania requires a 90-day waiting period before a no-fault divorce can be finalized after the complaint is filed. Both spouses must sign consent forms agreeing to the divorce, which allows the court to move forward after that window closes. If one spouse refuses to sign, the other must wait until the parties have been separated for at least one year before the court will grant the divorce without mutual consent.
Does a Contested Divorce Take Longer?
Yes, because the spouses disagree on issues such as property division, child custody, or support. These disputes often require court hearings, negotiations, and sometimes mediation, all of which can add months or even years to the timeline. Pennsylvania courts encourage settlement agreements where possible, as resolving matters outside of court can shorten the process considerably.
What Role Does Property Division Play in the Timeline?
Pennsylvania follows “equitable distribution” laws, which means marital property is divided fairly, though not always equally. When spouses disagree about the value or ownership of assets such as a home, retirement accounts, or business interests, the court must intervene to decide. Property disputes are one of the most common reasons a divorce is prolonged, since gathering financial records, obtaining appraisals, and scheduling and attending lengthen the timeline.
How Does Child Custody Affect How Long a Divorce Takes?
Child custody disagreements are among the most time-consuming parts of a divorce. When parents cannot agree on a custody schedule, a judge carefully evaluates factors such as each parent’s living situation, work schedule, and relationship with the child. Mediation is often required before a judge will hold a custody hearing, which adds additional steps to the overall process. The goal is always the same: Pennsylvania courts prioritize the best interests of the child above all else.
Can a Simple Divorce Be Finalized Quickly?
When both spouses agree on all terms and meet Pennsylvania’s requirements, an uncontested or “simple” divorce can sometimes be finalized in as little as three to four months. This type of case can move through the court system with fewer delays because there are no disputes for a judge to resolve.
What Else Can Slow Down a Divorce?
Court backlogs, incomplete paperwork, and delays in serving the other spouse can all add time to a case that might otherwise move quickly. If one spouse is difficult to locate or refuses to participate, the court may need to take additional steps before proceeding. A lawyer who knows Pennsylvania divorce law and local court procedures can prevent unnecessary delays and keep a case on track.
When Time Matters in the Divorce Process, Our Knowledgeable Delaware County Divorce Lawyers at Eckell Sparks Are Ready to Help
Our Delaware County divorce lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. are dedicated to helping clients streamline the divorce process. For an initial consultation, call us today at 610-565-3700 or complete our online form. With office locations in Media and West Chester, Pennsylvania, we proudly serve clients in the surrounding areas.