Divorce is the legal procedure of dissolving marriage, which changes the legal relationship between two individuals, and dissolves property relations. Marital properties, including obligations, are equitably distributed to the parting spouses.

The cost of filing a divorce petition will depend on the locality and the facts and circumstances of your particular case. In the event you do not have the necessary funds to pay to file a divorce or custody complaint, one may be excused through filing a petition in forma pauperis

In Pennsylvania there are a number of ways someone can get divorced. There is fault-based divorce which includes six grounds. These are wilful and malicious desertion for at least a year; adultery; cruel and barbarous treatment; where one party knowingly enters into a bigamous marriage; conviction of a crime with punishment of imprisonment of at least two years; and indignities. There are also several ways in which someone can get divorced without alleging the fault of the other spouse. These ways include by mutual consent; irretrievable breakdown of the marriage; and institutionalization under certain circumstances where one party suffers from a serious mental disorder that results in confinement for at least 18 months.

A spouse may seek two forms of support – alimony pendente lite which is awarded after the filing of complaint to allow the spouse with fewer resources to support or defend against the divorce; and post-divorce alimony which is paid by a spouse to the other after the finality of the divorce. Invoking support is painstaking, especially for someone experiencing divorce. Therefore, engaging with Philadelpiha Family Lawyers may be the help that you need.

What is Contested Divorce?

A contested divorce is one where the parties to a marriage are not able to produce a settlement mutually agreeable by the parties. In such cases, court intervention is generally necessary, especially in determining custody, child support and division of assets. Nonetheless, mediation can assist the parties in arriving at an agreement, which the Court may approve if it is found to be fair.

A party to a marriage may be compelled to have a divorce litigated if at least one of the following events took place or is taking place:

  • Lack of communication;
  • History of intimidation, abuse in the relationship, and bullying;
  • Partner is missing;
  • Presence of bad faith and/ or dishonesty in the conduct of a partner;
  • Other factors which make an uncontested divorce impossible.

What is Uncontested Divorce?

An uncontested divorce is one in which the parties to a marriage are able to negotiate and make a settlement for divorce without obtaining the intervention and determination of the court.

There are two no-fault grounds upon which an uncontested divorce may stand. First is mutual consent, whereby both parties to the marriage consented to the divorce. This ground requires a 90-day non-negotiable period prior to finalizing the divorce. Second is irretrievable breakdown, where the parties have been living separately for at least one year regardless if one party does not consent to the divorce.

Do I need a Divorce Attorney for Uncontested Divorce?

Notwithstanding the immediately stated advantages of uncontested divorce, it is still necessary to consult and engage a divorce attorney. Why?

Firstly, just because it is mutual does not mean it is just and equitable. One may not know he or she is already being taken advantage of, or is being manipulated. Proper guidance shall be obtained before it is too late.

Secondly, the welfare of the child should be given equal consideration. Child custody after divorce and child support should not be considered as merely incidental to divorce. It must be considered of equal importance with the assets to be divided, and some other matters taken. You may part with your partner in divorce, but not with your child.

Third, there are laws governing divorce and child custody which may not be known or even if known, are not understandable to lay people. Therefore, it is imperative to consult a lawyer for one to be informed of their rights under the law.

Lastly, divorce is emotionally and psychologically draining. In effect, one may have an impaired decision-making capacity, which, if unguided, may result in negative consequences. If you have a lawyer, you can rest assured that they will assertively defend you, even when you cannot defend yourself. Therefore, to ensure rights are protected, and that the welfare of the child, if there is any, is considered, it is necessary that there is a lawyer to guide one in making these types of live-changing decisions.

Why is Uncontested Divorce better than Contested Divorce?

Uncontested Divorce occurs when there are no disagreements as to the division of assets, custody of child, and child support, if applicable. Therefore, uncontested divorce is better than contested divorce on the following reasons;

  • It is less costly as the intervention of court is not necessary;
  • It requires less time;
  • It is more convenient as there would be no need to appear before the judge, and attend hearings; and
  • Less exposure to public scrutiny.

Need an attorney? Contact The Law Offices of Lidia Alperovich Today

Divorce impacts not only one’s financial security, but also their entire well-being. The Loss of a life partner may be aggravated by loss of custody of a child, or the fear of raising a child alone. The aforementioned are among the numerous challenges that divorce may pose to one experiencing it. Undeniably, it is too much to handle, and therefore, should not be dealt with alone. Divorce is not always about parting; it also means freedom and self-respect.

In the Law Offices of Lidia Alperovich, LLC, we make sure that your rights as well as your well-being are prioritized. Since you are here, you are one step closer to changing your life. Make the move. Make it right with the right lawyer. Contact us at (215) 355-9105, or email us at lidia@alperovich-law.com.