How Can an Attorney Help With Thoughtful Divorce Representation in Bucks County?
When a marriage is broken and it becomes impossible for the two individuals to survive as a couple, then you have the option of undergoing a divorce. Simply defined, divorce refers to the termination of a marriage. As many know, the divorce process can be complex, frustrating, and time-consuming. There are many different aspects that are involved in the overall legal process of obtaining a divorce.
In Pennsylvania, divorce proceedings are initiated only if one of the parties in the marriage is living or has lived in the state for at least six months. There are two ways in which a divorce can proceed: it can either be filed as a no-fault divorce or a divorce with fault. To learn more about the divorce process, you may want to consult an experienced Bucks County divorce attorney.
A no-fault divorce refers to the case where both parties are in agreement that they both want to get a divorce. Generally speaking, a fault divorce is a civil proceeding that requires evidence that one of the parties is at fault or has committed a wrongful act against the other party who has initiated the divorce proceedings.
The plaintiff is the spouse who initiates the divorce process while the defendant is the spouse who receives notice that a divorce action has been filed in court. Since a divorce is a civil proceeding, the plaintiff and defendant will be the spouses even if they are filing a no-fault divorce. In cases where the spouses want a divorce and a mutual agreement is in place, then these terms are simply formalities. This is because the dynamics of plaintiff and defendant typically only play a role in a fault divorce. Seeking assistance from experienced Bucks County divorce lawyers can help you work out the details with your divorce.
How Can a Divorce Attorney in Bucks County represent different types of divorce?
Every couple’s relationship may be different, and this determines which type of divorce is suitable for ending their marriage. Each type of divorce may impact a couple’s life differently, but any divorce can lead to drastic changes for the lives of children.
- Mutual Consent Divorce
A Mutual Consent Divorce is when both the parties mutually agree to separate from each other. After one party is served and after 90 days have passed, both spouses have to file a consent for the divorce which requires additional documents.
Within these 90 days, both parties are given an opportunity to work through various issues such as custody, alimony, support, and property division. After the 90 days, if both parties agree on all the matters, then the divorce is finalized. To be safe with the complexities and legalities of the divorce proceedings, you should take advice from an experienced Bucks County divorce attorney.
- Fault Divorce
Regarded as one of the older methods of divorce, a fault divorce is more complex than a no-fault divorce for both parties. Whenever a plaintiff files for a fault divorce against the other party, he or she must be able to prove the mistake made by the defendant. Mistakes and wrongdoing can consist of:
- Desertion for more than a year
- Endangering one’s life
- Impact on mental health for 18 months or more
- Jail time for two or more years
One of the issues that may arise in this type of divorce is that a plaintiff may also have to prove that he or she is completely free of any wrongdoing. For this reason it is advisable that you consult with skilled Bucks County divorce lawyers who have experience in handling these types of divorce cases.
- Two-year Separation Divorce
A two-year separation divorce is also considered no-fault. In this type of divorce, if one spouse does not agree to sign the terms of divorce then the other partner can separate. If the parties have been separated for two or more years then the party filing the divorce can file a claim stating that they have been living separately for over two years.
This length of separation indicates in the eyes of the law that the marriage is irreconcilable. This type of divorce claim will be served on the other spouse in cases where the other spouse fails to reply after being served then divorce is granted by the court.
Contact us today if you or your loved one is undergoing a divorce proceeding and facing a related issue.
The divorce documents are evidence of the dissolution of a marriage. However, in legal terms, there is much more than just termination of a marriage. Breaking of a bond between two people is not just the breaking of their partnership, it is also the division of their possessions, money, place of living, and the time spent with their children (if any are involved).
In Bucks County, the custody of a child is segregated into four types:
- Primary physical custody is where one party has the right to have possession of the children most of the time.
- Shared physical custody suggests that both parties can frequently meet with the children.
- Partial physical custody refers to the unsupervised visit of the child or children for a few hours per week or month.
- Supervised custody suggests the supervision of one party’s childcare, which might be a cause for concern.
Some spouses choose yet another type of child support where both parties take care of the children simultaneously. This type of agreement would be prepared considering the income of parents and several other factors.
Although divorce is a complicated process that drains people emotionally, having the necessary legal support can make a difference. The Law Offices of Lidia Alperovich offer assistance with divorce, separation, and family law in Bucks County. The representation may include seeking custody of your children, property division, spousal support, parenthood education, and more. Attorney Alperovich has over a decade of experience in Philadelphia and New Jersey areas.