Getting a divorce is an emotionally taxing and often difficult process for couples who have both decided to call it quits. It can be even worse when one of the parties isn’t ready to end the marriage. Sometimes the divorce comes as a total surprise to one spouse, while other times they may just not be ready to see their marriage come to a close. They may still be in love, they may not have seen the marital problems, they may be stubborn, or they may be abusive and controlling. Regardless of whether they want to stay married or want to use consenting to a divorce as a bargaining chip, your spouse may refuse to sign divorce papers. If this happens, you may have a few options, which our divorce lawyers in Philadelphia will explain in this article. Always discuss your particular case with a divorce attorney, rather than relying upon general information. The family law attorneys in Philadelphia at Cooper Family Law offer consultations on divorce cases, making it possible for you to get answers without paying unnecessary fees.
No-Fault Divorces in Pennsylvania
The Commonwealth of Pennsylvania allows both no-fault and fault-based divorces. This means that, unlike in some states, spouses can agree to a divorce if they both want to. If you and your soon-to-be ex realize that the marriage is headed in a bad direction and are ready to go your separate ways, you may choose to file for a no-fault divorce. A no-fault divorce usually makes the process quicker and easier.
There are two types of no-fault divorce. These are both simple ways to end a marriage where spouses and the judge agree that a divorce is necessary and wanted. They are:
- A 23 Pa.C.S. § 3301(c) is a divorce based on the mutual consent of both spouses. Under this type of divorce, the parties file the paperwork, go through a 90-day waiting period to make sure they want a divorce, and then the divorce can be finalized. During the 90-day waiting period, they may choose to work together to try to repair the strain on the marriage or attend marriage counseling; however, this is their choice entirely.
- A §3301(d) is a divorce that has been determined “irretrievably broken” by one of the spouses. Both must have lived separate and apart for a period of at least one year. There is no 90-day waiting period for these divorces, except in cases where the judge thinks the couple might reconcile and cancel the divorce. For instance, if you’ve been living apart from your husband for the last five years, the judge may grant you a divorce immediately, even if your husband doesn’t want the divorce.
These divorces are similar but function differently in court. For a mutual consent divorce, both parties must file affidavits agreeing to the divorce. For a divorce after separation, you may achieve a divorce with only one party filing. If the other party does not deny that the marriage is irretrievably broken or that they have lived separately for a year, then the divorce goes through. This means that merely “not signing” is not always enough to stop a no-fault divorce. If the other party denies that the marriage is broken and fights your claims, you may need to file for a fault divorce instead.
What Happens When Your Spouse Won’t Sign?
If you and your spouse have been living together within the last year and he or she doesn’t want to get a divorce, then you may have a court battle ahead of you as you seek to end your marriage. If your spouse refuses to agree to a no-fault divorce or denies the divorce in court, you may have no choice but to file for a fault divorce. But, just because your spouse won’t sign for divorce doesn’t mean that you are trapped until death! There is no expectation under PA law that you must remain in a loveless or abusive marriage, and you always have the option of suing for divorce if your spouse refuses to agree to a no-fault divorce.
Convincing Your Spouse to Sign
Many times, simply filing can pressure your spouse into negotiations and agreements. Since things are usually smoother, cheaper, and quicker when negotiated between parties, filing the paperwork with the court may be the push your spouse needs to come to the table and negotiate the divorce. Consider talking to your ex and explaining why you want the marriage to end, then point out that choosing to fight it in court will only be expensive and painful for you both in the long run.
Reasons to Get a Fault Divorce
If your spouse simply refuses to agree to the divorce, you can press the court case and have your divorce granted if you can prove there is a justified reason for a “fault” divorce. These fault grounds do not necessarily “blame” one party, but are based on one spouse’s actions or problems. In PA, the following fault divorce grounds justify a divorce under 23 Pa.C.S. § 3301(a):
- Desertion for one year or more. If your spouse abandoned you or has lived apart from you for a year or longer, giving you no financial aid, then you can claim that you were deserted and obtain a divorce. Marriage is a serious union and spouses aren’t free to come and go when it’s convenient!
- Cruel or barbarous treatment that puts your life or health in danger. If you suffered abuse at the hands of your spouse or endured neglect, you can urge the courts to push the divorce through.
- Adultery. If you have proof that your spouse was having an affair with someone else, you have grounds to sue for a divorce. You may be able to prove the affair through text messages, phone records, and social media accounts.
- Bigamy. If you discover that your spouse was already married when you tied the knot, then you can file for a divorce on grounds of bigamy.
- Your spouse was sentenced to prison for a crime with a sentence of two or more years. You aren’t expected to wait on your ex to get out of prison if they have committed a crime that landed them behind bars for a long period of time.
- Your spouse made your condition intolerable and life burdensome by their actions. While this one can be difficult to prove, you can show the courts that while you were not physically abused, your life was still made miserable while you were married.
- Your spouse is institutionalized for mental health reasons. If your spouse has been in a mental institution for at least 18 months, is not set to be discharged within the next 18 months, and shows no signs of improving, you can also fight for a divorce.
A Fault Lawyer to Help
While filing a no-fault divorce is a simple and easy process that takes little time, a fault divorce is much more complex. Depending on how hard your ex fights the divorce, you may have to bring extensive evidence to court. An attorney can examine your case and help you determine your grounds for divorce, then start collecting evidence to present to the judge. While getting a divorce is the first step, an attorney can also help you to deal with other complex matters such as dividing assets and setting up child support or visitation.
Contact Us Today
At Cooper Family Law, we recognize that divorces are often messy and can cause damage to everyone involved if not handled with care. We will work to ensure the ending of the marriage is as quick and painless as possible by pinpointing the areas where you have grounds for a divorce and then developing a case that a judge will take seriously. We offer consultations to help you understand our services and how we can help you. Contact us today to set up your consultation and talk to a lawyer who can help you navigate your divorce.
