An uncontested divorce means you and your spouse agree on ending the marriage and on every financial issue involved, from the house to who keeps each vehicle. Because a judge doesn’t need to decide any disputes, an uncontested divorce lawyer focuses on drafting your agreement correctly and filing the paperwork in the right order. Andrew F. Skala, Esq., prepares mutual consent divorce filings for couples in Greensburg and the surrounding communities.
Pennsylvania Divorce Rules That Surprise People
Some parts of Pennsylvania’s Divorce Code work differently than many couples expect. These rules can affect how an uncontested divorce moves forward:
- Pennsylvania doesn’t have a court-ordered “legal separation” status.
- Either spouse can withdraw their consent before the divorce decree is entered.
- Your separation date is based on when you stopped living as a married couple, but once a divorce complaint is served, the law presumes you were separated by that date.
- When both spouses file consent affidavits, no hearing is needed to establish grounds for divorce.
If one spouse withdraws consent, it can delay a divorce that seemed almost finished. That’s why it’s important to put your settlement terms in writing before either of you counts on a finish date.
Filing at the Westmoreland County Courthouse
Divorce filings go to the Prothonotary’s Office on the fifth floor of the Courthouse Annex in Greensburg. Under Local Rule W1920.42, before a mutual consent divorce can go to the judge, Westmoreland County requires the plaintiff to file:
- A Pennsylvania vital statistics form
- An affidavit stating that the defendant is not in the military
- A proposed divorce decree
Missing paperwork can delay your decree, even if both spouses have already filed their consents.
How Long Does a Mutual Consent Divorce Take?
The court can grant a mutual consent divorce once 90 days have passed since the divorce complaint was served and both spouses have signed and filed consent affidavits. Couples who have their agreement ready early often finish shortly after that 90-day period. Couples who still disagree about an issue, such as a retirement account, may wait a year or longer.
What We Handle in an Uncontested Divorce
An uncontested divorce should be straightforward and predictable. Our attorney handles each step:
- Complaint and service: Drafting the divorce complaint and arranging for your spouse to accept service
- Consent affidavits: Preparing both affidavits and tracking the 90-day waiting period
- Marriage settlement agreement: Putting your property, debt, and support terms into clear, enforceable language
- Final filings: Preparing the county paperwork and the request to send your case to the judge
A strong settlement agreement clearly states who must do what, and by when. Vague terms about refinancing a home or dividing a pension can lead to new disputes after the divorce is final.
Keep Your Uncontested Divorce Simple and Final
Even if you both agree now, your settlement needs to hold up for years to come. That depends on how carefully it’s written. You’ll work directly with our attorney from your first meeting through your final decree, and you’ll get honest advice about what you’re agreeing to. Call Andrew F. Skala, Esq., at (724) 493-9044 for a free initial consultation, or get in touch online.