The Difference Between a Divorce and an Annulment in Pennsylvania

Couples in Pennsylvania can decide to dissolve a marriage due to infidelity, distrust, or other reasons. The union must be faulted before the case can be granted an audience in Pennsylvania court. Unlike other states, when it comes to divorce, Pennsylvania is a fault and no-fault state. No-fault divorce is for parties that do not want to battle at court and face risks of unfavorable judgments. In this type of divorce, no one carries the blame, and the couples will only agree that the marriage is broken beyond repair. Grounds for a fault divorce fall under Pennsylvania law 23 Pa. C.S.A 3301 et seq. grounds include bigamy, making marriage intolerable by humiliating the innocent spouse, adultery, abandonment for at least a year without cause, a felony conviction, and cruelty such as domestic abuse, which threatens the health or life of the innocent and injured spouse.

Just like divorce, annulment also ends a marriage. An annulment is the legal proceeding involving marriage dissolution by a declaration that it is invalid or void through a court order. It makes it seem like it never happened. Annulment could be for personal or religious reasons, but it is typically preferred when a couple wishes to avoid divorce. Although a religious annulment is also possible, it has no legal effect on the marital status under the Pennsylvania rule of law. Void and voidable marriages are the two grounds for annulment in Pennsylvania. Divorce certificates can be obtained from the county clerk's office where the document was issued or at the State Library of Pennsylvania.

What is a Pennsylvania Divorce Decree?

Pennsylvania divorce decree refers to an order by the court declaring the end of a marriage. The decree gives either spouse the liberty to remarry. Interested persons can complete the Pennsylvania Decree forms and go through the procedures.

The records contained in documents related to family court include both marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care in order to make changes in the future. The personal nature of these records results in both being considerably more difficult to find and obtain when compared to other types of public records. In many cases, these records are not available through either government sources or third party public record websites.

What is an Annulment in Pennsylvania?

Some states use divorce and annulment interchangeably, but that is not the norm in Pennsylvania. Annulment and divorce represent two different actions. An annulment voids a marriage, making it appear as if it never occurred, which means no court trials and no settlement involving child custody and asset division. According to the Statutes of Pennsylvania, situations where an annulment can be issued in Pennsylvania, include:

• Cases of mental incapacity involving either party not being able to consent to the marriage legally.
• Cases of consanguinity.
• Bigamy or polygamous cases involving situations where one of the partners was already married before engaging in another marriage.
• Cases where one of the parties had not attained the legal age of 18 before marriage.
• Cases where one or both spouses is physically incapacitated to have sex.
• Cases where the marriage occurred from coercion, duress, or fraud.
• Cases where the marriage was established under the influence of drugs or alcohol.

Since vital records are public in line with the Right-To-Know Law, annulment records can be obtained at the State Library of Pennsylvania, except the court seals it.

Annulment vs. Divorce in Pennsylvania

Annulment and divorce are ways to end a marriage in the state of Pennsylvania. For an annulment, after confirming one's eligibility as void or voidable marriage, then the procedure can begin for annulment. Void marriages do not require a court order; instead, the marriages are invalid immediately according to the law of Pennsylvania. Spouses must prove the grounds for annulment when it comes to voidable marriages. To file for annulment of a voidable marriage, one or both spouses must have been a resident of Pennsylvania for at least six months. Valid documents must be attached, and witnesses must be provided as evidence for a court hearing.

Similarly, to file for a divorce in Pennsylvania, one or both spouses must have lived in the state for at least six months. The plaintiff can file in the county where the marriage certificate was issued. After meeting the residency requirements, the plaintiff must categorize the marriage dissolution under fault-based or no fault-based. The third step is to go through a court to file the divorce complaint, and forms must be filled out to complete the process. A Notice to Defend Form is vital for this stage as it is the requirement by law for document filing in Pennsylvania. Following this is a Counseling Notice Form and a Complaint in Divorce Form. Attaching these with a Family Court Cover Sheet, and a copy of the Marriage Certificate marks the end of the procedure. The other spouse must also be served the divorce complaint paperwork through a document called Form of Acceptance. Again, this ends the process for filing a divorce, but a 90-day waiting period must pass. It takes about six months to two years to get a divorce in Pennsylvania, depending on various factors. Also, some counties may allow e-filing while some do not. Divorce and annulment are guided by the 23 Pa. C.S.A 3301 et seq Pennsylvania law.

Is an Annulment Cheaper Than Divorce In Pennsylvania?

Every county has different fees for filing for annulment or divorce in Pennsylvania. For divorce, costs differ if a minor is involved. In Pennsylvania, civil annulment costs between $500-$5000 depending on if one or both parties agree to the annulment. For ecclesiastical annulment, it costs between $200 and $1000. The cost of a divorce varies depending on the category it falls under and other factors such as county, complexity, and assets. Annulment is preferable to divorce considering finances because annulments are less complicated and typically do not require the services of a lawyer. Lawyer fees are costly and even rise more when it comes to complex divorce cases, and the various court filing fees.

What is an Uncontested Divorce in Pennsylvania?

In Pennsylvania, divorce cases can be divided into contested and uncontested. An uncontested divorce is also known as mutual consent divorce, which is an easy, straightforward process because both parties agree on all main issues concerning the marriage dissolution. The issues include but are not limited to matters of child support, child custody, and alimony. One of the parties must have stayed in Pennsylvania for a minimum of 6 months before filing an uncontested divorce request. According to the divorce law in Pennsylvania, both parties must agree that the marriage is irretrievably broken and wait for 90 days before filing the divorce paperwork. Mutual consent divorce is a fast process compared to a contested divorce. It takes three to four months for completion rather than six to two years in a traditional divorce.

Where to get an Uncontested Divorce Form in Pennsylvania?

After meeting the Pennsylvania Divorce Code requirement for an uncontested divorce, obtain a divorce form from the Office of the County Clerk. Be sure to peruse the Divorce Procedure instructions and check the Pennsylvania court website for policies. Divorce records are public records in Pennsylvania with the establishment of the Right To Know Law. Although, some selected records may be sealed and only viewable to certain government authorities as indicated by the state statutes. Interested parties must obtain approval from a Pennsylvania licensed judge to access such documents.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How do I get a copy of my Divorce Decree in Pennsylvania?

To get a copy of a divorce decree in Pennsylvania, visit the clerk's office in the courthouse where the document was issued. Divorce decrees can be collected in-person or by mail, and a small fee may be charged. Divorce decrees in Pennsylvania are only issued to the parties involved.

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain, and are often sealed. Bearing these factors in mind, record availability for these types of records cannot be guaranteed.

How do I get a Pennsylvania Divorce Decree Online?

A divorce decree finalizes the dissolution of a marriage, and it may be available online on the webpage of the Court Clerk's office where the divorce process occurred. However, charges may apply but can vary from county to county.