tcsweigart
New Member
I have been seperated for almost 2 years and I have ask my husband for a divorce but he says no. If I file for divorce does the waiting period start from the date I file or for the date I was seperated?
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1 Residency Requirements and Grounds for Divorce
2 Dividing the Property
3 Alimony
4 Child Custody and Visitation
5 Child Support
Residency Requirements and Grounds for Divorce
Either you or your spouse must be a Pennsylvania resident for at least six months to file for divorce.
Either spouse can get a divorce by simply stating in divorce papers that the marriage is "irretrievably broken." This means there's no reasonable chance to continue the marriage. Also, both spouses must agree in writing to the divorce, or need to be separated for two years.
If the spouses have been separated for less than two years and don't agree to divorce, one spouse can seek a divorce on these grounds:
- Adultery
- Bigamy
- Cruel and inhuman treatment endangering the life or health of the spouse
- Imprisonment for two or more years
- Personal indignities
- Confinement in a mental institution, and discharge isn't expected in the near future
Your divorce case begins when you or your spouse files a a "Divorce Complaint" with the Court of Common Pleas. If you agree on key issues of property and debt division, child custody and support, the divorce can be finalized without a trial. If you don't agree on the issues, the court sets a time for a hearing. If the court thinks there's a reasonable chance for reconciliation, it can order a 90-day "cooling-off" period. You may have to complete counseling. If needed, the divorce is granted after the cooling-off period.