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November 2014 Archives

Spotlight Issue: "No-Fault" divorce in Berks County, Pennsylvania

A no-fault divorce begins with the filing of a divorce complaint. The first requirement for obtaining a divorce in Pennsylvania is that one of the parties has lived in the State for at least 6 months prior to the filing of the complaint. Pennsylvania recognizes "fault" and "no-fault" divorce. "No-fault" means that neither party is claiming that their spouse is responsible for the dissolution of the marriage. The request for a divorce is based on the assertion that the marriage is "irretrievably broken." Property and alimony issues must be resolved prior to a divorce decree being granted for a "no-fault" divorce. If a party fails to raise these issues prior to the issuance of the decree then he or she may have waived the right to address these matters. Requests for support (child support or alimony), paternity or custody may be made within a divorce complaint. There are two common methods for obtaining a "no-fault" divorce.

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