What is a common law divorce?
A common law divorce is a type of divorce recognized in the state of Pennsylvania. The common law divorce is a legal method for two people to break up their marriage without going through the court system. Common law divorce is essentially an informal dissolution of a marriage. In order to be eligible for this type of divorce, both parties must meet certain criteria. The parties must have been living together for at least three years and must have lived separately for one year prior to the divorce filing. Additionally, both parties must waive their right to alimony and a division of assets. Once these criteria have been met, the parties are officially divorced in the state of Pennsylvania. While the common law divorce offers a much faster resolution than a traditional divorce, the process has the potential to be more contentious. Since the divorce is resolved without much of the structure provided within the court system, it is important that both parties remain cordial throughout the process. Emotions may remain high even after the divorce is finalized and can linger into the future. It is important to remember that a common law divorce is only recognized in Pennsylvania, as each state has its own set of divorce laws. If you are considering a common law divorce, it is important to speak to an experienced family attorney to make sure you understand all of the steps involved in the process.
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