If you’re considering a divorce, then you’ve most likely heard all about the Two Year Separation Rule.
Essentially, this law requires that couples seeking to file a no-fault divorce must remain legally separated for two years before the actual divorce process may begin.
Naturally, this rule can cause a world of headaches during an already stressful time. At Greenbaum & Pinto, we’re keeping our eyes on legal developments which may help make this difficult time a bit easier on you if you’re seeking a divorce.
Will We See Any Changes?
While this is still a law in Pennsylvania, the state House of Representatives Judiciary Committee recently approved legislation that would speed up the no-fault divorce process.
This Bill has also been endorsed by the Pennsylvania Bar Association.
If the Bill is passed, it will mean that the mandatory separation period will be reduced from two years to one year before the divorce litigants start the process to divide assets and determine whether alimony is owed.
How Will This Help Divorce Litigants?
There are a handful of ways that this change in legislation regarding the Two Year Separation Rule may help.
First, it will diminish the adverse effects and stress on children of the divorce. By cutting down on the amount of time that you must remain legally separated from your spouse before pursuing a divorce, you can make quicker moves towards custody agreements and other long-term arrangements for your children.
Second, changes in legislation will lessen the opportunity for one spouse to prolong the divorce process just to spite the other.
Additionally, it may also reduce legal costs for the represented parties. It is a common misconception that a dependent spouse will derive an economic benefit from the two-year waiting period, since the length of alimony received after a divorce is finalized is generally reduced by the duration of support paid from separation to the date of final decree.
Greenbaum & Pinto will be closely following these developments, and will keep you up-to-date as the law changes on the issue.