You and your ex-spouse may both agree that divorce is the right choice, but that doesn’t make the decision easier. When you have reached this difficult conclusion together, Pennsylvania’s mutual consent divorce provides a more straightforward path forward.
You won’t need to assign blame, wait through a year-long separation or face drawn-out court battles. Instead, if both parties formally consent to it, you can finalize your divorce in 90 days from when the complaint is served.
What is a mutual consent divorce?
Under Pennsylvania law, a mutual consent divorce is a no-fault option where both spouses acknowledge that they cannot fix their marriage. This means that you and your ex-spouse must file affidavits agreeing to the divorce.
The court cannot grant your divorce until 90 days have passed from the date your ex-spouse receives the complaint. This mandatory period provides time for both of you to resolve any critical financial matters before the court issues the final decree.
Do both parties need to agree on everything?
Mutual consent means you both agree to get divorced, but not that you have settled every detail about property or alimony. If you want to claim marital property or alimony, you must file those claims before the judge signs your final divorce decree.
As such, this does not mean you must have everything settled. You just need to officially put the court on notice that you are making these claims. You cannot come back later asking for your share of the house, retirement accounts or alimony once the divorce is final.
What if your ex-spouse changes their mind?
Either party can revoke consent at any point before the judge signs the final divorce decree, even after the 90-day period expires. If your ex-spouse withdraws their consent, you can still pursue divorce on the ground of an irretrievable breakdown of marriage. However, this requires proving that you have lived separately for one year.
Know what you are consenting to
Mutual consent divorce may be a fast option, but “fast” does not always mean “simple.” It is crucial to ask the hard questions. What marital assets exist? What are you entitled to under Pennsylvania law? Which claims must you file now versus later?
Use the 90-day waiting period wisely. Consider getting professional advice about your specific situation. Legal help exists precisely for moments like this, when the decisions you make now will impact your financial future for years to come.