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Harrisburg Family Law Blog

Fault or no-fault: That is the question.

Whether you and your spouse married less than a year ago, or your wedding day is now decades past, you'd likely agree with other Pennsylvania spouses who admit marriage can be quite challenging at times. If you and your spouse have children together, certain marital and/or family problems may seem exacerbated when taking their best interests into account. Many married couples determine their unions simply can't last a lifetime. For some, the question then becomes whether to file for a fault or no-fault divorce.

All 50 states recognize no-fault divorce as a possible viable option for spouses choosing to sever their marital ties in court. However, the specifications and requirements associated with no-fault divorce tend to vary by state.

Do grandparents have rights in Pennsylvania?

When custody rights are a factor in a divorce, parents are often at the center. But because grandparents are so often involved in raising children, they may also be entitled to visitation and perhaps even custody, depending on the situation. In Pennsylvania, the court may indeed grant grandparents' visitation requests provided it is in the best interest of the child.

There is no question that divorce is painful for all members of an immediate family. Parents are no doubt concerned that their custody or visitation rights may be diminished. That concern extends to grandparents as well, especially when they have consistently played a significant role in raising and caring for the children involved in the divorce.

No Fault Divorce

In a move designed to ease the toll that the divorce process takes on families, the state of Pennsylvania has amended its waiting period from one to two years, beginning in December 2016.

Many people mistakenly believe that no-fault divorces always involve both parties agreeing to end the marriage. In fact, only one party needs to do so, providing they live separately from their spouse for a specified period of time. That time has now been cut from two years to one year.

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