If one spouse does not consent to a divorce, then the spouse seeking the divorce must wait two years before requesting a final decree. Currently Pennsylvania is considering legislation to reduce the waiting period for a contested divorce to one year.
Pennsylvania House Bill 380 calls for reducing the waiting period for a no-fault divorce based on separation from two years to one.
Proponents of the legislation say that expediting divorce will enable courts to focus greater attention on child custody disputes.
“Where the divorce is inevitable,” attorney Maryann Modesti testified at a recent meeting of the Pennsylvania House Judiciary Committee, “allowing the family to focus on the challenge of co-parenting as divorced parents is better than the emotional toll of a delay in the divorce litigation.”
Currently many other states impose a short waiting period than two years. For instance: Maryland has a one-year waiting period; New York has a six-month waiting period; and West Virginia imposes no waiting period at all.
To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.