To get a simple, low-cost, uncontested, no-fault divorce in Pennsylvania you’ll need a few things. First and foremost, you need a spouse who is and will remain available and cooperative. For THIS TYPE of divorce, no signature means no divorce…period. That is the case no matter how long you have been separated, there is no “automatic” divorce. (If you have heard, seen or read that a divorce IS automatic after a long separation, that is really bad information and I’ll be happy to discuss that with you.)
One OR both of you must currently and for the last six months or more have gone to sleep and awakened every day in Pennsylvania. (The same applies to those of you serving in our full-time military service, but if either (or both) of you are stationed, posted or based outside of PA, the divorce can still be filed here as long as one (or both) of you have Pennsylvania as your home of record.) So, if this requirement is met, EITHER spouse may be my client and file the divorce in PA. By the way, just having been born in Pennsylvania doesn’t help. The residency requirement must still be met. Where you were married also does not matter at all.
You’ll need to recall when and where you were married as well as, at least to the month if not the day, when you began residing at different addresses. (BUT…you can still file the divorce even if you are NOT separated!)
You and your spouse, if you have things and money, need to resolve whom gets what, how much and when. If you have already settled this or if you will before the divorce is over, you do not need a lawyer-prepared agreement. If one or both of you is/are to get something after the divorce and it is not in a proper agreement, you may not be able to use the court to make the ex hand it over. Also, it may not be the best idea for you to give anything major to your spouse until the divorce is granted. You may find that your spouse will try to renegotiate and get more in exchange for giving you the signature needed to finish the divorce. You should discuss that with me.
If you have kids under 18 and/or still in high school but already have worked out custody and support on your own, under our law, that need not be mentioned in the divorce or even put in writing. If it will make you feel better, we can prepare an agreement, but remember that you will still be mom and dad after the divorce and the court will always be there should anything change or need to be changed, whether or not you have a written agreement.
You’ll need to retain me as your lawyer to get started…and that means as little as $25 (& calling or clicking). Questions? !-800-486-4070 for a free discussion of your particular situation.