Section 3301(d) within the Pennsylvania Divorce Code outlines the grounds for divorce based on mutual consent. This provision allows a couple to obtain a divorce decree if both parties agree to the dissolution of the marriage, and demonstrate that the marriage is irretrievably broken. An example includes a situation where both spouses acknowledge irreconcilable differences and willingly sign affidavits confirming their consent to the divorce after a mandated waiting period.
This section’s significance lies in offering a streamlined and potentially less adversarial pathway to divorce. It reduces the need for protracted legal battles and fault-based accusations, saving time and resources for both parties. Historically, divorce laws often required proving fault, such as adultery or desertion. This legislation represents a modern approach that acknowledges the reality of marital breakdown even in the absence of demonstrable wrongdoing by either spouse.
