Cunningham, Chernicoff & Warshawsky, P.C.
Call to Schedule Your Initial Consultation
717-260-3527 or 866-534-4404

Different ways to divorce in Pennsylvania

You know you want a divorce, but do you know how you want to get the divorce? There is more than one way to do it in Pennsylvania, and understanding each type can help you know which approach is best for your situation.

Remember that regardless of the route you choose, you should have a family law attorney guide you through the process to save time and money and to reduce conflict.

Mutual consent

Mutual consent means that you both agree on getting a divorce. Pennsylvania allows for no-fault divorce, meaning you do not have to prove any fault of your spouse. The mutual consent to the irretrievable breakdown of your marriage is sufficient.

However, just because you agree to divorce does not mean it will be uncontested. You may still disagree on asset distribution, child support and custody. If you can cooperate, consider mediation or negotiation instead of litigation.

Fault divorce

In this case, you need to show that your spouse is at fault for one or more of these actions:

  •        Deserting you for no reason for a year or longer
  •        Cheating on you
  •        Treating you cruelly and endangering your health or life
  •        Committing bigamy
  •        Going to prison for two years or more upon a criminal conviction
  •        Making life completely intolerable (mental cruelty)

These can be very difficult to prove, making this choice less common. Further, if your ex commits a personal injury crime against you, mutual consent becomes implicit. The same applies to a spouse who has been in a mental institution for 18 months and will remain there for longer than another 18 months from the time of filing.


The last way to divorce is by separating from each other for at least one year before you file for divorce. Your spouse cannot deny that the marriage is unfixable and that you have not been living together. If so, the court will require a hearing to determine the possibility of reconciliation. If a judge thinks there is, you will have to go to counseling before the judge makes a final decision.

No Comments

Leave a comment
Comment Information

Contact The Law Office Of Cunningham, Chernicoff & Warshawsky, P.C.

Contact our office online, or call us at 717-260-3527 or toll free at 866-534-4404 to set up a meeting with our experienced Harrisburg bankruptcy lawyers. We offer free initial consultations in matters involving bankruptcy or personal injury.

contact us

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Cunningham, Chernicoff & Warshawsky, P.C.
2320 North 2nd Street
Harrisburg, PA 17110

Toll Free: 866-534-4404
Phone: 717-260-3527
Fax: 717-238-4809
Harrisburg Law Office Map

Mailing Address
P.O. Box 60457
Harrisburg, PA 17106

Toll Free: 866-534-4404
Phone: 717-260-3527