If you and your spouse both agree the marriage is over, Pennsylvania offers one of the fastest, least stressful ways to make it official: mutual consent divorce. No courtroom battles, no fighting over who’s at fault — just a straightforward legal process built for couples who are ready to move forward together.
Here’s what mutual consent divorce actually involves, who qualifies, how long it takes, and what it costs — so you can decide if it’s the right path for you.
Table of Contents
What Is a Mutual Consent Divorce?
A mutual consent divorce is a no-fault divorce under Pennsylvania law (23 Pa.C.S. § 3301(c)) where both spouses agree the marriage is irretrievably broken and sign affidavits confirming that agreement. Once both affidavits are filed and there’s nothing left to contest, the court can enter a final divorce decree — no trial, no need to prove wrongdoing by either spouse.
It’s called “no-fault” because neither spouse has to blame the other or prove grounds like adultery or abandonment. You simply both agree the marriage isn’t working, and the law lets you move forward from there.
Mutual Consent vs. Separation Divorce
Pennsylvania actually has two no-fault divorce options, depending on your situation:
- Mutual consent (23 Pa.C.S. § 3301(c)) — available when spouses have been separated for less than one year. Because it’s under a year, there’s a mandatory 90-day waiting period after your spouse is served with the divorce complaint.
- Separation (23 Pa.C.S. § 3301(d)) — available once spouses have been separated for more than one year. No additional waiting period applies once that year has passed.
For both paths, our firm requires full cooperation between both spouses — this keeps the process smooth, affordable, and true to the flat-fee, uncontested approach we offer. If there’s disagreement over property, custody, or support, or one spouse isn’t willing to cooperate, your case may need a different kind of representation.
Which path applies to you depends on how long you’ve been separated. We can help you figure out which route fits your situation.
Who Is Eligible?
To move forward with our uncontested divorce process, you’ll need to meet a few requirements:
- Both spouses are in full cooperation — our firm handles uncontested cases only, so both spouses need to be on the same page throughout.
- At least one spouse has lived in Pennsylvania for at least six months before filing.
- There are no major disputes over property, custody, or support — or you’ve already worked out an agreement together.
- You’ve been separated for less than one year.
If you and your spouse are cooperating and ready to move forward, we can help guide you through the process from here.
Step-by-Step: How the Process Works
- Complete our online intake form. This gets us the basic details of your case so we can get started.
- Sign, Notarize, & Send. Sign and notarize your documents, then mail them to us with your payment.
- Attorney Review. Attorney Cardenas will review your documents and confirm details with you directly.
- Divorce Filing & Service. Your divorce will be filed, and your spouse will be served the Divorce Complaint — this is when the 90-day waiting period starts.
- Final Signatures. Sign final documents after the mandatory 90-day waiting period completes.
- Divorce Finalized! Once everything is signed and filed, the court enters your divorce decree — and it’s official.
How Long Does a Mutual Consent Divorce Take?
The 90-day waiting period is the legal minimum, but it starts once your spouse is formally served with the Divorce Complaint — not from when you first complete our intake form. Once you factor in time for document review, filing, service, and the final signature step after the waiting period ends, most mutual consent divorces through our firm take about four to six months from start to finish.
Contested divorces, by comparison, often take well over a year, especially when custody or significant property disputes are involved.
What Does a Mutual Consent Divorce Cost?
Cost is one of the biggest reasons couples choose this path. At our firm, PA uncontested divorce — whether it falls under mutual consent or the separation path — is handled for a flat fee of $595, which includes court costs and attorney-prepared documents. No surprise charges as your case moves through the process.
Compare that to a contested divorce, where legal fees can add up quickly the longer a case drags on, especially once it involves multiple hearings or a trial.
Benefits of Mutual Consent Divorce
- Cost-effective — a flat, predictable fee instead of hourly legal battles
- Less stressful — no need to prove fault or fight over blame
- Straightforward — a clear, structured process from intake to final decree
- More private — fewer court appearances, less of your personal life on public record
- Easier to plan around — a known process instead of an open-ended court fight
Is Mutual Consent Divorce Right for You?
If you and your spouse are both ready to move forward, willing to cooperate throughout the process, and don’t have major disputes left to work out, mutual consent divorce is very likely your most affordable and straightforward path to a finalized divorce in Pennsylvania.
Ready to Move Forward?
If mutual consent divorce sounds like the right fit for your situation, we’re here to help make the process as smooth as possible.
Contact us today to learn more about our divorce services or you can start right away by filling out our form today.
Frequently Asked Questions
Do we have to be living apart before filing for mutual consent divorce?
No. Mutual consent divorce doesn’t require you to already be living apart — as long as you’ve been separated for less than one year and both spouses are cooperating, you can qualify.
What happens if my spouse changes their mind partway through?
Since our process requires full cooperation from both spouses, a change of heart partway through can affect how your case moves forward. It’s worth having your agreement clearly understood early on, and we’re here to help if anything changes along the way.
What if we’ve been separated for more than a year?
Your case would fall under Pennsylvania’s separation path instead of mutual consent. The 90-day waiting period doesn’t apply, but our firm still requires full cooperation from both spouses either way. We can help you figure out which path fits your situation.
Is the 90-day waiting period the same in every Pennsylvania county?
The 90-day minimum is set by state law and applies statewide, but processing time after the waiting period can vary slightly by county based on how busy the local court is.
