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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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Hello. My Wife and I are trying to have a friendly divorce....

Customer Question

Hello.
My Wife and I are trying to have a friendly divorce.... Now she claims that I have to leave the house (deed is in her name, but I am on the mortgage with her, and the house was bought during our marriage, in PA) before the divorec procedure can start? Is this true?
Also, I am travelling a lot for professional reasons, could the extensive travelling backfire on me?
Thank you
Best regards,
Peter Wiedmer
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
That is not necessarily true. If both parties agree to the divorce, then my mutual consent you can file for divorce without showing a period of separation. There are other grounds to divorce which require separation, but not if you both agree to a divorce by consent. Traveling for work, will not jeopardize your divorce rights. There must be a willful or intentional act of abandoning the marriage in order to backfire on you, but traveling for work is not one of them.


Below is the entire statute on the grounds you can file for divorce. Section (c) would apply to your situation:


§ 3301. Grounds for divorce.
(a) Fault.--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.
(3) By cruel and barbarous treatment, endangered the
life or health of the injured and innocent spouse.
(4) Knowingly entered into a bigamous marriage while a
former marriage is still subsisting.
(5) Been sentenced to imprisonment for a term of two or
more years upon conviction of having committed a crime.
(6) Offered such indignities to the innocent and injured
spouse as to render that spouse's condition intolerable and
life burdensome.
(b) Institutionalization.--The court may grant a divorce
from a spouse upon the ground that insanity or serious mental
disorder has resulted in confinement in a mental institution for
at least 18 months immediately before the commencement of an
action under this part and where there is no reasonable prospect
that the spouse will be discharged from inpatient care during
the 18 months subsequent to the commencement of the action. A
presumption that no prospect of discharge exists shall be
established by a certificate of the superintendent of the
institution to that effect and which includes a supporting
statement of a treating physician.
(c) Mutual consent.--The court may grant a divorce where it
is alleged that the marriage is irretrievably broken and 90 days
have elapsed from the date of commencement of an action under
this part and an affidavit has been filed by each of the parties
evidencing that each of the parties consents to the divorce.
(d) Irretrievable breakdown.--
(1) The court may grant a divorce where a complaint has
been filed alleging that the marriage is irretrievably broken
and an affidavit has been filed alleging that the parties
have lived separate and apart for a period of at least two
years and that the marriage is irretrievably broken and the
defendant either:
(i) Does not deny the allegations set forth in the
affidavit.
(ii) Denies one or more of the allegations set forth
in the affidavit but, after notice and hearing, the court
determines that the parties have lived separate and apart
for a period of at least two years and that the marriage
is irretrievably broken.
(2) If a hearing has been held pursuant to paragraph
(1)(ii) and the court determines that there is a reasonable
prospect of reconciliation, then the court shall continue the
matter for a period not less than 90 days nor more than 120
days unless the parties agree to a period in excess of 120
days. During this period, the court shall require counseling
as provided in section 3302 (relating to counseling). If the
parties have not reconciled at the expiration of the time
period and one party states under oath that the marriage is
irretrievably broken, the court shall determine whether the
marriage is irretrievably broken. If the court determines
that the marriage is irretrievably broken, the court shall
grant the divorce. Otherwise, the court shall deny the
divorce.
(e) No hearing required in certain cases.--If grounds for
divorce alleged in the complaint or counterclaim are established
under subsection (c) or (d), the court shall grant a divorce
without requiring a hearing on any other grounds.





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