Getting a divorce can be challenging enough without worrying about how to navigate the court system in Pennsylvania. It’s important to understand your rights and ensure you follow certain procedures to help the process run more smoothly. The divorce attorneys at Thomas, Conrad & Conrad share some vital information about the divorce process in PA and how a lawyer can help you get through it.
Types Of Divorce In PA
There are several options for divorce in Pennsylvania. You may file for no-fault divorce by mutual consent, no-fault divorce after one year of separation, or fault-based divorce. Each has its pros and cons and specific requirements. Regardless of which type you’re considering, consult an attorney to find out which option will best meet your specific needs. Conflict can arise even in amicable situations, so it’s important to have an experienced divorce lawyer help you create a solid divorce settlement agreement that protects your rights and interests.
Initiating The Divorce Process
To begin the divorce process, you or your spouse must have lived in Pennsylvania for at least six months. A divorce complaint should be filed in The Court of Common Pleas that handles family law cases in your county. The spouse who files the complaint is the plaintiff, and the other spouse is the defendant. To file a complaint, you must pay a court fee. If you are unable to afford it, you can file a Petition to Proceed in Forma Pauperis, which allows you to request that the fees be waived.
Serving Divorce Papers
After filing, you must serve your spouse with the divorce papers. Your spouse may either sign an acceptance of service form or sign for receipt of a certified restricted delivery mailing which includes the filed divorce complaint. If they are unwilling to cooperate then personal service will be necessary by a process server or sheriff. Once your spouse receives the papers, you can proceed with your divorce.
Specific Processes For Each Type Of Divorce
If both spouses agree to part ways, they may proceed with a no-fault divorce by mutual consent. Each spouse must provide a statement that says their marriage is irretrievably broken and cannot be repaired. After the initial complaint is filed, the divorce can be finalized in 90 days. Family lawyers often handle uncontested divorces for an affordable flat fee.
When one spouse wants a divorce but the other doesn’t, the person seeking it can file without the other’s consent if they have lived apart for at least one year. This doesn’t necessarily mean that they must be living in different homes, since once the divorce complaint is filed and served, you are now considered separated and the one year period needed for a separation divorce begins to run. This type of divorce also is considered no-fault, but usually takes longer to be finalized.
A fault-based divorce must be brought on specific grounds, such as adultery, bigamy, abandonment, extreme humiliation, or cruelty, including domestic violence. Other grounds for fault divorce include incarceration or institutionalization for mental health reasons. If you are considering filing for a fault-based divorce, it’s important to understand that you must prove any allegations against your spouse. In these types of cases, having a qualified family law attorney by your side is critical.
Negotiating And Finalizing Your Divorce
Some couples choose to resolve issues through mediation or by negotiating a divorce settlement agreement. These options are the most expedient, and usually cause the least emotional upheaval for the family. Some of the issues that need to be resolved and put in writing are property division, child support and alimony, and child custody. A good divorce attorney who has experience in conflict resolution likely can help you get them resolved without going to court.
If you and your spouse are unable to come to an agreement, a judge will decide these matters in court. Having a divorce lawyer represent your interests in court helps to safeguard your rights and ensure all of these issues are resolved equitably. Once they are determined to the court’s satisfaction, the judge will issue any alimony, child support, or custody orders and your divorce decree.
Contact An Eastern Pennsylvania Divorce Attorney
Our family law attorneys at Thomas, Conrad & Conrad are dedicated to making the divorce process in PA as stress-free as possible. Call our Bath office at 610-867-2900 or contact us online to schedule a consultation today. Our divorce lawyers serve clients throughout the Pocono Mountains region and the Lehigh Valley.