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No one can force you to leave your residence without a court order unless there is domestic violence. A temporary orders hearing must be held to get such a court order in a divorce. During a temporary order hearing, the judge will determine who is awarded the exclusive use of the home.
With an uncontested divorce, you and your spouse are basically saying that you agree that the marriage is irretrievably broken. Procedurally, this allows the parties to request a divorce decree as soon as 90 days after the divorce complaint is filed and served on the other spouse.
In order for a spouse's departure to be considered marital abandonment, it must be ?willful and malicious? without a reasonable cause.? There must be no reason, like abuse or an affair, leading up to the departure and the spouse must have been gone for at least one year.
When you're filing for an uncontested divorce in Pennsylvania based on mutual consent, you may not have to appear in court for a final hearing. (23 Pa. Cons. Stat.
You must be separated for more than 2 years in order to do a Pennsylvania Divorce without your spouse's signature.
However, if your spouse refuses to consent to a no-fault divorce, your divorce will be considered contested, and you will need to move forward with a fault based divorce. Unfortunately, this means that your divorce will likely take longer to finalize and cost significantly more than your no-fault divorce would have.
Irretrievable Breakdown: When a marriage has severely deteriorated, under the ?irretrievably broken? grounds for divorce, spouses must live ?separate and apart for a period of at least one year.? After separation, only one party needs to file an affidavit, indicating the date at which the separation began and that the ...
The one who abandons the marriage will not be forced to return, but they will be held financially responsible for things such as child support, spousal support, and property division via a divorce court order.