Fault and No Fault Divorce in Bucks County

I covered the types of divorce in Bucks County on my main website.  But, recall, there are two types: Fault and No Fault.  Under No Fault, there is a Mutual Consent Divorce wherein both spouses file an affidavit agreeing to the divorce.  This cannot occur earlier than 90 days after the defendant filed the divorce petition.  The public policy behind the 90 days is that the legislature wants to encourage reconciliation (i.e. getting back together) and won't allow "quickie" divorces.  

Bucks County divorce attorneys for both spouses work to come to agreement on such issues as alimony, child custody and support. If no agreement can be reached, then a hearing is held and the court judge makes decisions on these issues.   Under No Fault there is also a Two Year Separation Divorce. If one spouse fails to sign an affidavit agreeing to the divorce, then the other spouse, after a two year separation, can sign an affidavit stating the fulfillment of the two year separation and irretrievability of the marriage exists.  The opposing spouse must be served the affidavit.  Following this, if the opposing spouse files a counter affidavit denying there has been a two year separation or that the marriage is irretrievably broken, a judge decides at a hearing if a divorce should be granted.

No Fault Requirements

The use of a FAULT divorce in Bucks County has become very rare with the introduction of No Fault divorce.  Under a Fault divorce the plaintiff must provide proof that he/she is innocent of wrongdoing and that the defendant is the one at fault. For example, the plaintiff must prove that the defending spouse is guilty of adultery, extreme cruelty or serious indignities.  Being declared insane or confinement in a mental institution for a minimum of 18 months prior to filing the divorce complaint is also grounds for a fault divorce.  Unlike No Fault, a Fault divorce requires a court hearing which can be expensive because of attorney and court fees the plaintiff would have to pay. There is also the possibility that the plaintiff may fail to win his/her case and that the court may therefore deny the divorce.  As you can see, the most reasonable path is a No Fault divorce as it is more efficient and much less expensive.