Oct. 02, 2015
Legislation I am sponsoring in the state House of Representatives would reduce the waiting time to obtain a no-fault divorce in Pennsylvania and lessen the emotional strain on families involved in the legal proceeding.
House Bill 380 would shorten the length of time for a no-fault divorce based on a couple’s separation from two years to one year after which the litigants are permitted to start the process of dividing assets and determining whether alimony is owed.
Divorce is never easy and my chief concern is any children who may be caught in the middle. I believe that reducing the length of time to one year would be less traumatic for children while their family situation is in limbo. Those uncertainties include future custody schedules, housing arrangements and school placement.
There are other benefits to the legislation as well. Prolonging the divorce for two years until the parties can start the process of addressing their economic issues usually means resolution occurs three to five years after the divorce is filed. This increases their legal costs, forces many couples to proceed without an attorney, escalates the level of litigation and conflict between them, and causes additional strain and costs on an already overcrowded court system. A one-year waiting period just makes better sense for all of those involved in a divorce.
The measure has been referred to the House Judiciary Committee, which heard from supporters of the bill at an informational meeting conducted this week at the Capitol.
House Bill 380 has the backing of the Pennsylvania Bar Association, whose president urged the Legislature to pass my proposal.
“Lawmakers should revise the length of a unilateral no-fault divorce to one year in order to better focus the courts on resolving the overall divorce issues, as opposed to allowing a system which facilitates and fosters delay that is both economically and emotionally costly,” said President William Pugh in a written statement. “One of the goals of reducing the length of a unilateral no-fault divorce is to hasten the resolution of divorce to focus on the resolution of the difficulties in custody matters. This applies not only for the hostile families, but for the families who will do better resolving the custody on a friendly basis if the turmoil of divorce is behind them.”
The divorce waiting periods for surrounding states range from six months to one year.
I sometimes use this column to answer your questions regarding any state government-related matter. Please email them to me at
ttoohil@pahousegop.com. As always, I look forward to hearing from you.
By State Rep. Tarah Toohil (R-Luzerne)
Representative Tarah Toohil
116th District
Pennsylvania House of Representatives
Contact: Rep. Toohil’s Office
717.260.6136
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