Over the decades, divorce laws around the country have been revised in order to reflect a changing society. Marriages can now be dissolved on a no-fault basis in every state, yet many people believe that that the law still imposes unnecessary barriers in hopes that forcing people to go through a long, complex legal process will reduce the incidence of divorce. In response, one Pennsylvania legislator is reviving her effort to make the marriage dissolution process quicker, easier and less expensive for state residents. 

State Representative Kristine Howard of Malvern is introducing a revised bill that would supplement the 2016 legislation streamlining separation divorce. Key changes that have been discussed as part of efforts to modernize marriage dissolution in Pennsylvania include the following:

• Shifting jurisdiction to lower courts — Right now, Pennsylvania divorces must be filed in the Court of Common Pleas, where tight schedules can make parties wait for several months or longer to finalize their marriage dissolution. Howard wants to let minor courts administer divorces while leaving the Court of Common Pleas to resolve disputes over parenting or financial terms.

• Eliminating forced counseling — Even now, many elements of the divorce process are rooted in an effort to prevent couples from ending their relationship. For example, judges can order parties to attend up to three counseling sessions in the hope that their differences can be patched up. Howard believes it is unlikely that a spouse would file for divorce without already making a serious attempt to save the marriage and that the mandatory counseling just adds to the time and stress associated with the legal process. 

• Further reducing the separation divorce period — While mutual consent divorces require a 90-day waiting period, when one spouse seeks a no-fault divorce based on the irretrievable breakdown of the marital relationship, a year of separation must pass before the marriage ends. Though this is an improvement over the prior two-year standard, Howard asserts that this timeframe should be further reduced. 

If you're considering divorce in Pennsylvania and these changes are enacted, they could lead to a faster and less adversarial divorce process, reducing stress, expense and emotional turmoil. Terminating the marriage more quickly can also be very important for spouses who have experienced, or been threatened with, domestic violence. 

Please note that these are just proposals, and it's critical to consult with an experienced Pennsylvania divorce lawyer to discuss your specific situation and the current state of the law. Whatever legal process is in place, my firm is dedicated to providing you with the guidance and support you need during this challenging time.

Chan & Associates in Lancaster represents Pennsylvania spouses who are going through a divorce. To schedule a consultation, please call 717-869-0015 or contact me online.