When Both Spouses Agree on All Terms
An uncontested divorce, also called a mutual consent divorce under Section 3301(c), is the fastest and least expensive path to divorce in Pennsylvania. It is available when both spouses agree the marriage is irretrievably broken and all economic issues have been resolved (or waived). After a 90-day waiting period from service, both parties execute Affidavits of Consent, and the final divorce decree can be entered.
Requirements: both parties consent to the divorce, complete agreement on all issues (property, custody, support) or waiver of claims, 90-day separation period after service of complaint, and all financial disclosures complete.
How Uncontested Divorce Works in Allegheny County
When Uncontested Becomes Contested
An uncontested divorce can become contested if agreement breaks down on any economic issue before the decree is entered. The most common trigger: the parties thought they agreed on the marital home, then could not agree on the value, the buyout amount, or who assumes the mortgage. Having a complete, written Marital Settlement Agreement, not merely a verbal understanding, before initiating the consent process is the difference between a smooth uncontested divorce and one that derails.
Even in uncontested divorces, having an attorney review the Marital Settlement Agreement before you sign is worth the cost. The agreement governs your finances for years. The cost of reviewing it is small compared to the cost of discovering a problem after the decree is entered.