Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“How would I go about a no fault divorce (Pennsylvania) that does not address custody? (I do not want the courts to decide custody, but I am not ready to come to an agreement with my spouse.) I do, however, wish to divorce as soon as possible; my spouse is an abuser and I want to send a clear message that the relationship has no chance of being reconciled.”The Court is going to take jurisdiction over everything. Property, debts, custody, visitation, etc. You will need to list the children of the marriage in the Complaint. Sooner or later you are going to have to deal with issues related to your children, and if you and your soon-to-be-ex don’t come to an agreement, the Court will decide for you.
Question: Within the Pennsylvania Code relating to Domestic Relations, Title 23, SubchapterB, Section 3323(b) the Court has the power to bifurcate certain parts of its decision. Bifurcation proceedings vary from State to State so consult a local attorney, but it may be possible to bifurcate the issue of marital status, get a judgment on that issue, while not directly dealing with other aspects of your case. You may be able to delay the inevitable, though I have often found that delay does not make things better.
Answer:
If the facts surrounding the abuse rise to the level of “restraining order” then that may be another avenue open to you to send your clear message that the relationship has no chance of being reconciled. Otherwise, and usually, there will be nothing preventing ongoing interaction between you and your soon-to-be-ex. Additionally, since there are children involved, you and the ex will need to deal with each other on some level until the youngest of your children turns 18 and graduates from high school.
