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General Information: Once the parties have been separated for the applicable time period, either party may sign and file an Affidavit Under Section 3301(d) of the Divorce Code) stating that the parties have in fact been separated for the applicable time period.
you and your spouse file an affidavit (a sworn written statement) with the court affirming that you each consent to the divorce, and. at least 90 days pass between the time you file the complaint and when the judge signs the final divorce decree (more on that below).
--The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has: (1) Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years. (2) Committed adultery.
A. Plaintiff avers that the marriage between the parties is irretrievably broken and believes that the Defendant will consent to the entry of a divorce decree under 23 Pa. C.S.A. 3301(c), after at least ninety (90) days have passed from the date of service of the within complaint.
Whereas this law previously stated that the spouses involved with the divorce must have been living separately for no less than two years, the law now reads that the involved spouses must be separated for no less than one year in order to obtain a lawful divorce in PA under 3301(d).
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OF 3301 (d) DIVORCE DECREE If you do not file with the Clerk of Courts-Civil Division an answer with your signature docHubd or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce.
Divorce. Most parties pursuing divorce will choose to proceed with no-fault grounds for divorce. A no-fault divorce simply means there has been an irretrievable breakdown of the marriage.
Whereas this law previously stated that the spouses involved with the divorce must have been living separately for no less than two years, the law now reads that the involved spouses must be separated for no less than one year in order to obtain a lawful divorce in PA under 3301(d).

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