What Is an Uncontested Divorce and What Are the Steps to an Uncontested Divorce? By a Doylestown Divorce Lawyer

In Pennsylvania, an uncontested divorce is also known as a no-fault divorce.  Essentially, a husband and wife who both want a divorce are not required to demonstrate fault by either spouse.

There are two types of no-fault divorces, but for purposes of this article, we will only discuss one – mutual consent.  For a discussion about the other type of no-fault divorce, see How long will my no-fault divorce take in Doylestown?

Steps to Filing a Mutual Consent No-Fault Divorce

  1. The first step in initiating a divorce is the filing of a Divorce Complaint.  The complaint identifies the parties and asks the court to grant a divorce.  If the parties reside in Doylestown, then the complaint would be filed in the Bucks County prothonotary’s office.
  2. The complaint must then be served on the non-filing party (Defendant).
  3. After the complaint is served, the filing party (Plaintiff) files an Affidavit of Service or the Defendant files an Acceptance of Service with the court.
  4. After the complaint is served on the other party, there is a 90-day waiting period that must elapse before the divorce can be finalized.
  5. After the 90-day period, each party files an affidavit consenting to the divorce (Affidavit of Consent).
  6. If there are no other issues, such as property division, the parties file the appropriate paperwork to obtain the Divorce Decree.  These forms allow the judge to grant the divorce without a court hearing.

Finalizing an Uncontested Divorce in Bucks County – How Long Does It Take?

Although a mutual consent uncontested divorce is straightforward, the time it takes for the divorce to be finalized depends on the court.  It can take several months.  Even though the waiting period is only 90 days, it may take an additional couple of months beyond the waiting period because it takes time for a Bucks County divorce court to process the paperwork. Therefore, it could take anywhere from 4 to 5 months, or even longer, to be completed.

A Note About No-Fault Divorce in Doylestown, Pennsylvania

While it is possible for No-fault divorces in Doylestown to be finalized without the help of a lawyer, it is always a good idea to consult with an attorney to ensure your rights are properly protected.