When can I get a divorce?

In Pennsylvania, divorce is referred to as a divorce from bed and board or a fault divorce. Generally, in order to file for a divorce in Pennsylvania, at least one of the spouses must have resided in the state for at least six months prior to filing. The spouses must also have grounds for divorce, in order to file. The grounds for a fault divorce include adultery, desertion, cruelty, and imprisonment. The spouses must also live separate and apart for at least one year before filing a fault divorce. If the spouses agree on all issues related to the divorce, then a no-fault divorce may be possible. In a no-fault divorce, the couple must have lived separate and apart for at least two years prior to filing. It is important to remember that if the spouses have minor children in common, then the two-year separation period for a no-fault divorce cannot be waived and the couple cannot file for a fault divorce. In addition, if the spouses are married for a period of more than twenty years and have minor children, then the court must enter a maintenance order before the divorce can be filed. Overall, in Pennsylvania, if the spouses meet the residency and grounds requirements, they can file for a fault or no-fault divorce.

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