How long do we have to be separated before we can divorce?
Sometimes a spouse will not consent to allow the other spouse to move forward with the divorce process. When this happens, you can proceed under a section of the divorce code that lets you go forward, anyway, once you have been separated long enough. Generally you will receive a divorce decree under one of the two no-fault sections of Pennsylvania's divorce code, section 3301(c) or 3301(d). In a divorce under section 3301(d), the court allows you to progress the case even if the other side will not consent. As of December 2016, the required waiting period is one year. When exactly your separation period begins depends on the circumstances of your case, and we can discuss that during our meeting.