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Can I Get a Divorce If My Spouse Doesn’t Agree to It?

On Behalf of

Crouthamel Law Offices |

October 19, 2026

| Divorce And Child Custody

Yes. You can get a divorce in Pennsylvania even if your spouse doesn’t agree. Your spouse’s refusal to consent can change the process and make the divorce take longer, but it doesn’t mean you have to stay married.

At Crouthamel Law Offices, we understand the challenges that come with ending a marriage. Our divorce attorneys can explain which process applies when your spouse won’t consent and what to expect during the divorce process.

How Divorce Works in Pennsylvania

At least one spouse must have lived in Pennsylvania for the past six months before filing for divorce. The process begins by submitting a complaint to the Court of Common Pleas, usually in the county where either of you lives. You can find your county’s court on Pennsylvania’s official court website. Your spouse must then receive the required divorce papers.

If you both agree, you can use the mutual-consent process. After the divorce papers are delivered, you must both wait at least 90 days before signing the required consent affidavits. If your spouse doesn’t consent, you’ll need to follow a different process.

What Happens if Your Spouse Refuses to Agree?

Pennsylvania law provides two main ways to pursue a divorce in this situation:

  • One-year separation: If your marriage is beyond repair and you and your spouse have lived “separate and apart” for at least one year, you can seek a no-fault divorce without your spouse’s consent. The term “separate and apart” can also mean that you’ve ended your relationship as a married couple, even if you still live in the same home. To complete this process, you’ll need to file a sworn statement confirming the separation and notify your spouse. Pennsylvania’s Rule 1920.42 explains the required steps and paperwork.

  • Fault-based divorce: Unlike the previous option, you generally don’t need to wait a year to start this process. Pennsylvania allows divorce for reasons such as adultery, bigamy, cruel treatment, or imprisonment for two or more years, but you’ll need to prove the grounds for divorce in court.

What Else Can Delay Your Divorce?

Several issues can lead to disagreements and delay your divorce, including:

  • When you and your spouse actually separated.

  • How marital property and debts will be divided.

  • Whether either spouse should receive alimony or financial support.

  • Who should pay attorney fees and court costs.

  • Child custody and visitation arrangements.

  • Child support payments.

If you can’t reach an agreement on these issues, the court can step in to resolve them.

Even in more complicated situations, such as when your spouse ignores the divorce papers or can’t be located, there are legal ways to move forward. Understanding your options can help you decide what to do next.

At Crouthamel Law Offices, we can guide you through the divorce process and provide legal support throughout your case. Contact our office to discuss your situation or call us at 610-428-3386 today.