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How Long Does Divorce Take in Pennsylvania?

Iwanyshyn & Associates Jan. 7, 2025

Couple with divorce contract and ring on deskDivorce is an emotionally challenging process that can involve numerous legal complications. One of the most common questions divorcees ask is, "How long will it take?"

Unfortunately, there is no straightforward answer to this. In Pennsylvania, the timeline for a divorce can vary depending on the type of divorce, the level of cooperation between spouses, and specific legal requirements.  

At Iwanyshyn & Associates, we understand the importance of understanding the potential time frames for your divorce. Whether you're facing an uncontested divorce or a more complicated situation, our experienced attorneys will strive to help you explore the different stages of the divorce process and how long each stage might take. 

Grounds for Divorce in Pennsylvania

Pennsylvania recognizes two types of divorce: fault and no-fault divorce. A no-fault divorce does not require either party to prove wrongdoing but rather acknowledges that the marriage is "irretrievably broken." On the other hand, a fault-based divorce is when one spouse blames the other for the end of the marriage due to potential misconduct or wrongdoing such as: 

  • Adultery 

  • Desertion 

  • Cruel and barbarous treatment 

  • Bigamy 

  • Imprisonment for two or more years 

In most cases, couples opt for a no-fault divorce based on the grounds of irretrievable breakdown of the marriage. This means that the marriage is broken beyond repair and cannot be saved. 

Timeline for No-Fault Divorce

If both parties agree to a no-fault divorce, you can often file an affidavit of consent with the court after 90 days from the date of service on the defendant. The judge will then schedule a hearing within 30 to 90 days where both parties must appear to finalize the divorce. In most cases, a no-fault divorce in Pennsylvania can take between three to four months, provided there are no other complications. 

Timeline for Fault-Based Divorce

If you are filing for a fault-based divorce, the timeline can be longer and more complicated. Once one party files for a fault-based divorce, the other party typically has 20 days to respond and dispute the allegations. The court will then schedule a hearing within six months of the response, where both parties must present evidence to support their claims. This process can take longer than a no-fault divorce (anywhere from six months to several years) depending on the complexity of the case. 

Whether you're facing a no-fault or a fault-based divorce, Pennsylvania has a mandatory 90-day waiting period before your divorce can be finalized. This waiting period aims to give couples time to consider reconciliation or work out any unresolved issues. 

Factors That Can Impact the Divorce Timeline

While these timelines give a general idea of how long a divorce can take in Pennsylvania, some factors can impact the timeline and potentially delay the process. Some of these factors include: 

  • Disagreements between spouses: If both parties cannot agree on certain aspects of the divorce, such as child custody or division of assets, the divorce process can be drawn out longer. If disagreements arise, it's wise to consider mediation or alternative dispute resolution (ADR) services and consult with an experienced divorce attorney. 

  • Legal complications: In some cases, legal issues may arise during a divorce that require additional time to resolve. This could be due to complex property ownership, business interests, existing debts, or other complicated processes. 

  • Court backlog: Depending on the caseload of the court in the county where your divorce is being processed, there may be delays when scheduling hearings and finalizing the divorce. This is largely out of your hands and depends on individual court schedules. An experienced family law attorney can provide further information about court schedules and processes. 

Why You Should Hire a Divorce Attorney

Facing a divorce is often overwhelming and emotionally draining. However, an experienced divorce attorney can help you better manage the process and make sure everything is completed efficiently and according to Pennsylvania law.

An attorney can also help you understand the potential timelines for your specific case, guide you through any legal complications, and provide valuable insight into potential alternative dispute resolution methods. 

At Iwanyshyn & Associates, we've been helping clients in Pennsylvania navigate their divorces for over 30 years. Our skilled attorneys understand the nuances of family law in Pennsylvania and will work tirelessly to help protect your rights and interests.  

Divorce FAQ

Can I get a divorce without an attorney?  

While it is technically possible to file for divorce without an attorney, it's not advisable. Divorce can be a complex and emotional process, and having an experienced lawyer by your side can help you avoid costly mistakes and protect your rights and best interests. 

Do both parties have to agree on the grounds for divorce?  

In Pennsylvania, only one party needs to state that the marriage is irretrievably broken for a no-fault divorce. However, if one party wants to file for fault-based divorce, such as imprisonment or adultery, both parties must agree on the grounds. 

What happens if my spouse does not respond to the divorce petition?  

If your spouse does not respond to the divorce petition within 20 days, you can request a default judgment from the court. This means that your spouse has waived their right to participate in the divorce proceedings and the judge will make decisions based on your initial filing. 

Contact an Experienced Divorce Attorney Today

In general, filing for divorce in Pennsylvania can take anywhere from a few months to over a year, depending on the specific circumstances of your case. Consulting with an experienced divorce attorney can help you better understand your rights and advocate for your best interests moving forward. 

If you are considering filing for divorce in Pennsylvania, our experienced attorneys at Iwanyshyn & Associates can guide you through the process and provide personalized advice for your specific situation. Contact us today to schedule a consultation and get knowledgeable guidance on how long your divorce may take in Pennsylvania.