A unilateral divorce is also known as an irretrievable breakdown no-fault divorce. This type of PA Divorce, is conducted if one of the spouses will not consent to the divorce, but both spouses have been living separately. The divorce law defines living apart as a “complete cessation of any and all cohabitation, whether living in the same residence or not.” This state must have been maintained for at least two years and the filing spouse believes that the marriage is irretrievably broken.
A person may file for this type of divorce before the two year waiting period is up, but they cannot obtain the finalization of the divorce until the two years is over. It is important that the couple agree on when they began to live separate and apart from one another. Often couples do not agree on this point, and the issue is unsettled until a filing is done.
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