Uncontested Divorce

Attorney MaryBeth McCabe represents clients seeking an uncontested divorce. 

If you and your spouse have resolved all of your property issues and just need help to obtain a divorce decree, Attorney McCabe can do so for a simple, flat fee.  

Divorce is one of the most difficult and emotional matters that a couple will ever face, especially if there are children in the family. This is true even if it is a joint decision. Divorce involves complex emotional, financial and legal issues that must be resolved for the parties to move forward to start a new life.

To obtain a divorce in Pennsylvania, one party must start a lawsuit against the other party by filing a Divorce Complaint with the Court. The Court must then enter a “Grounds Order” which establishes that the parties have met the requirements of the Divorce Statute to obtain a Divorce to end the marriage. Once the grounds have been established, the case can either be sent to a hearing on the issues of Equitable Distribution, Alimony and Fees. If there are no property issues involved, or if the parties have resolved those issues, a divorce decree can be granted.

Grounds for Divorce

In Pennsylvania, there are two methods to obtain grounds for a divorce: no-fault divorce and fault-based divorce. Very few people pursue a fault ground as this requires an additional hearing and therefore adds to the expense of the divorce process.

To obtain grounds for a no-fault divorce, the parties can consent to the entry of the grounds for a divorce by signing an Affidavit of Consent 90 days after the filing and service of the Divorce Complaint on the other party.

If one party will not sign an Affidavit of Consent, then the parties must live separate and apart (defined by law as “complete cessation of any and all cohabitation, whether living in the same residence or not”) for at least 1 year.