In Pennsylvania, a no-fault divorce can be obtained when both parties consent to the divorce. However, even without mutual consent, a divorce can proceed on no-fault grounds if the parties have lived separately for a specified duration. This separation period is a critical component in establishing grounds for divorce when one party does not agree to dissolve the marriage. Living separately means residing in different residences and not engaging in marital relations.
The requirement for a defined period of separation serves several purposes within the legal framework. It demonstrates a clear and sustained intent to end the marriage, even in the absence of mutual agreement. This waiting period allows for reflection and potential reconciliation. Furthermore, it provides a period during which financial and other marital issues can be addressed, potentially leading to a more amicable settlement. Historically, such requirements were implemented to safeguard the institution of marriage and to ensure that divorces were not granted hastily.