Divorce

Going through a divorce can be very trying emotionally and financially for both parties. In addition the families of each party may also be affected by a divorce, and no amount of planning can fully prepare one for the emotional effects of a divorce. In most cases, the respective standard of living of each party will decrease as separate residences are required, and each party will have to assume bills which were previously being paid for with two incomes. In other situations, one spouse may have not been working during the marriage, and may face the prospect of having to re-enter the workforce.

It is also important to keep in mind that there is no winner or loser in a divorce. Often times both parties are upset at the ultimate resolution because they either are required to pay the other spouse more than they feel they owe, or because they feel they have not received enough from the other spouse.

It is best when the parties can agree on the distribution of assets and on a custody agreement or spousal support if applicable, without the need to litigate matters, however, it is rare, and frequently the court needs to be involved to make difficult decisions that will greatly affect the parties to a divorce and their children.

Pennsylvania offers both "Fault" based and "No-Fault" divorces.

If the divorce is uncontested, the parties are able to resolve the matter after a statutory 90-day "cooling-off" period. After the 90 days has run each side is required to file various documents, and assuming there are no outstanding unresolved economic or other claims, a final divorce decree may be requested and entered after the appropriate documents have been filed by each party.

If the Defendant does not consent to a divorce, the action is considered a contested divorce. In this situation, the parties will have to wait two-years before proceeding with the entry of a Divorce Decree. Often in contested divorces, there are a number of matters which may need to be litigated, which can further lengthen the process.



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