Recently in the news, there has been talk of eliminating no-fault divorces. Attorneys are concerned this will lead to lengthy divorces, unnecessary court involvement, and costly expenses. Often clients will call and ask for a no-fault divorce, but they don’t know what it means or how it differs from a fault divorce.

Pennsylvania enacted the no-fault statute in 1980. A no-fault divorce permits married couples to obtain a divorce without proving who caused the breakup of the marriage. By eliminating the need to prove who was at fault for the divorce, a client may obtain a divorce much quicker and more efficiently than if fault grounds are pursued. In Pennsylvania, the two no-fault provisions are consent and a one-year separation.

Under 3301(c), if both parties consent 90 days after the divorce is filed and served, the parties may secure grounds for divorce. Under the 3301(d), one party may secure grounds for divorce by alleging a one-year separation. Both no-fault provisions provide efficiency and savings to the clients. The one-year provision also permits a spouse to unilaterally move forward with a divorce if the other spouse fails to consent. The no-fault provisions of the Pennsylvania Divorce Code are an integral part of allowing the parties to move forward with their lives without unnecessary delays and court costs.

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