Divorce can be stressful under the best circumstances. When one spouse refuses to sign the divorce papers or cooperate with the process, it can feel even more overwhelming. However, in Pennsylvania, a spouse cannot stop a divorce simply by refusing to sign.
The process depends on whether the divorce is filed as a fault divorce or a no-fault divorce. Understanding the difference can help you know what to expect if your spouse will not consent.
No-Fault Divorce in Pennsylvania
Most divorces in Pennsylvania are no-fault divorces. In a no-fault divorce, neither spouse has to prove that the other did something wrong. Instead, the marriage is considered “irretrievably broken.”
When both spouses agree to move forward, the no-fault divorce process is usually more straightforward.
The process typically includes:
Filing the Divorce Complaint
One spouse, known as the plaintiff, files the divorce complaint and has it served on the other spouse.
Waiting Period
After the complaint is served, at least 90 days must pass before both parties can move forward with consent paperwork.
Affidavits of Consent
Once the 90-day waiting period has passed, both spouses may sign and file affidavits of consent and waivers of notice. These documents must be filed within 30 days after they are signed.
Praecipe to Transmit Record
After the required paperwork is completed, the parties can file a Praecipe to Transmit Record to request the final divorce decree.
If all documents are completed properly and the required notices are satisfied, the court will issue and mail a signed divorce decree to each spouse. At that point, the marriage is legally ended.
What Happens If My Spouse Refuses to Consent?
If your spouse refuses to sign the affidavit of consent, the divorce can still move forward. However, the process generally takes longer and requires additional steps.
The divorce begins the same way, with the filing and service of the divorce complaint. The main difference is the waiting period and the additional filings that must be completed.
One-Year Separation Requirement
If one spouse will not consent to the divorce, the couple must live apart for at least one year. This requirement used to be two years, but it is now one year.
Affidavit of Separation
After the one-year separation period has passed, the spouse who filed for divorce may 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.
Additional Waiting Periods
After 20 days, the filing spouse can file a notice of intention to file a Praecipe to Transmit Record. Another 20 days later, the spouse may file the praecipe and proposed decree.
If the paperwork, deadlines, and notices are handled correctly, the court can issue and mail the divorce decree even without the other spouse’s consent.
Fault Divorce in Pennsylvania
A fault-based divorce may be an option if a spouse refuses to cooperate, but it is often more difficult and time-consuming.
In a fault divorce, the spouse filing for divorce must prove that the other spouse is legally at fault. Examples may include adultery, abandonment, cruelty, or another recognized legal ground. The filing spouse must also show that they are the “innocent and injured party.”
This usually requires evidence, testimony, and potentially multiple court hearings. Because fault divorce can involve more time, expense, and court involvement, many people choose to proceed through the no-fault divorce process instead, even if it takes longer when one spouse refuses to consent.
Can You Still Get Divorced If Your Spouse Won’t Sign?
Yes. If your spouse refuses to sign divorce papers in Pennsylvania, you can still get divorced.
The process may take longer, and there may be additional paperwork and notice requirements, but your spouse cannot prevent the divorce simply by refusing to cooperate. Pennsylvania law provides a way to move forward with or without your spouse’s consent.
Need Help With a Difficult Divorce?
If your spouse is refusing to sign divorce papers or you are unsure which divorce process applies to your situation, an experienced family law attorney can help you understand your options. Proper guidance can help ensure that deadlines are met, documents are filed correctly, and the process moves forward as efficiently as possible.
If you have questions about divorce in Pennsylvania or any family law matter, please contact Bononi & Company at 724-832-2499.