Going through a divorce is rarely easy — and it can feel even more complicated when one spouse refuses to cooperate. In Pennsylvania, the process you’ll follow depends on whether your divorce is “fault” or “no-fault.” Understanding the difference between these two types of divorce is the first step to knowing what your options are when your spouse won’t sign.
No-Fault Divorce: The Easier and More Common Option
The majority of Pennsylvania divorces are no-fault divorces. That means neither spouse has to prove wrongdoing — the marriage is simply considered “irretrievably broken.”
When both spouses agree to a no-fault divorce, the process is relatively straightforward:
- Filing the Divorce Complaint: One spouse (the plaintiff) files and serves the complaint.
- Waiting Period: At least 90 days must pass from the date the complaint is served.
- Affidavits of Consent: After that 90-day waiting period, both parties can sign and file affidavits of consent and waivers of notice. These documents must be filed within 30 days after they’re signed.
- Praecipe to Transmit Record: Once all the paperwork is in order, the parties can file this document to request the final divorce decree.
If everything is completed correctly and all notice requirements are met, the court will issue and mail a signed divorce decree to each spouse — officially ending the marriage.
When Your Spouse Won’t Consent to Divorce
If one spouse refuses to sign the affidavit of consent, the divorce process can still move forward, but it takes longer.
The steps start the same — the filing and service of the divorce complaint — but the difference lies in the waiting period and additional filings required.
- Separation Period: The couple must live apart for at least one year (this used to be two years).
- Affidavit of Separation: After that one-year period, the spouse who filed can submit an affidavit confirming the separation.
- Notice of Intention: The filing spouse must serve the other spouse with a notice of intention to request a divorce decree.
- Waiting Periods: After 20 days, the spouse can file a notice of intention to file a Praecipe to Transmit Record. Another 20 days later, they may file the praecipe and proposed decree.
Once again, if all documentation and notices are correct, the court will issue and mail the divorce decree — even without the other spouse’s consent.
Fault Divorce: An Option, But Not an Easy One
While it’s possible to pursue a fault-based divorce when your spouse refuses to cooperate, this route is usually more complicated and time-consuming.
In a fault divorce, the filing spouse must prove that the other party is “at fault” — for example, due to adultery, abandonment, cruelty, or another legally recognized ground — and that the filing spouse is the “innocent and injured party.”
That burden of proof requires evidence, testimony, and often multiple court hearings. Because of the time, effort, and expense involved, many people choose to proceed under the no-fault process instead, even if it takes longer to finalize when one spouse doesn’t consent.
The Bottom Line
If your spouse refuses to sign the divorce papers, you can still get divorced in Pennsylvania.
It may take longer, and the paperwork can be more involved, but the law provides a clear path forward — with or without your spouse’s cooperation.
Need help navigating a difficult divorce?
An experienced family law attorney can guide you through the process, ensure all deadlines and filings are met, and help you achieve a fair resolution as efficiently as possible.
If you have any questions about the topic discussed in this article, or any divorce matter, please give us a call at Bononi & Company 724-832-2499.