What is the 90-Day Waiting Period for Divorce in Pennsylvania?
The 90-day waiting period in Pennsylvania divorces is a required pause between when divorce papers are filed and when you and your spouse can officially consent to the divorce. This window gives both of you a chance to reflect, negotiate, and prepare before the divorce progresses.
It might feel frustrating when you’re ready to move on, but this waiting period is vital. More importantly, working with our divorce lawyer in Harrisburg can help you plan your divorce so you’re not just waiting, but making progress.
How Does the Waiting Period Work?
If you’re filing for a no-fault divorce and both of you are on board, you must wait 90 days before you can file an Affidavit of Consent. This document lets the court know you’re both still in agreement to go through with your divorce. The 90-day clock starts ticking from the day you served the divorce complaint, meaning the official divorce paperwork is delivered to your spouse.
From there, you both must wait before formally confirming you still want a divorce. If you’re hoping for a relatively quick, no-fault, mutual consent divorce, you’ll need to get through those 90 days first.
Why the 90-Day Waiting Period Matters
The 90-day waiting period may seem pointless, especially if you and your spouse are on the same page. However, there are good reasons for this. For one, divorce is a significant life change. The law builds in this time to help ensure both spouses have a chance to think, cool down if tensions are high, and begin addressing practical matters like property division, child support, and child custody.
It also offers you some time to start reaching agreements outside of court. During these 90 days, your Harrisburg divorce attorney can help you gather financial documents, assess assets and debts, and begin negotiating a settlement. You can also start negotiating custody and support arrangements if you have minor children. This early progress can make the rest of the divorce process faster, smoother, and less costly.
Additionally, if one of you changes your mind during the 90 days, the divorce doesn’t automatically go through. You and your spouse must still sign and file your consent after the waiting period ends. This effectively provides a legal safeguard against rushed or emotionally driven decisions.
What if Your Spouse Doesn’t Want a Divorce?
While that’s certainly tough, it doesn’t mean that divorce is off the table. The law also allows for unilateral no-fault divorce, which doesn’t require your spouse to agree. However, it does require you to live separately and apart for at least a year before filing for divorce. That doesn’t always mean living in separate houses; it’s more like living separate lives.
You’ll need to prove your marriage is beyond repair and that you’ve been separated long enough if you choose to go this route. A divorce lawyer can help you handle the paperwork, document your timeline, and avoid legal missteps that could drag things out longer than necessary.
Our Proactive Divorce Lawyers Can Help
If you’re considering divorce or have more questions about Pennsylvania’s 90-day waiting period, our Harrisburg divorce attorneys are here to help. Contact Purdy Law Office, LLC, and schedule your confidential consultation online or call (717) 674-2885.