Reading Divorce Attorney

Contested Vs. Uncontested Divorce in PA

In Pennsylvania, there are two options for divorce: contested divorce and uncontested divorce. A contested divorce refers to a divorce in which the spouses cannot reach an agreement on all issues pertaining to the settlement of their divorce. For example, if the parties cannot agree to a specific child custody arrangement, including whom the child will live with and when the other parent can visit, the divorce is considered “contested.” Other issues that could cause conflict include matters related to property division, alimony, and child support.

An uncontested divorce, on the other hand, is one in which the spouses can agree on all the terms of their divorce. This method of divorce is often preferred, since it is typically far less time-consuming and stressful. It also enables the parties to maintain control of the decisions being made, rather than allowing a judge to decide for them.

Should You File for Divorce First in Pennsylvania?

Is it better to file for divorce first in PA? Yes. The first party to commence the divorce will presumably have time beforehand to acquire the essential paperwork and suitable legal representation. In addition, filing first can prevent your spouse from keeping assets or hidden money before the split.

How Long Does it Take to Divorce in Pennsylvania?

A typical Pennsylvania divorce takes around, on average, 120 days (about 4 months) to finalize. In the simplest of divorces, those that are no-fault and mutually agreed to by the parties, meaning both you and your spouse agree to sign what is necessary to complete the process as soon as possible, 4 months tends to be the average time frame.

It is important to understand though that every divorce is different and that your divorce may take longer or shorter than someone else’s. In theory, a divorce can go on for years. At the end of the day what will have the biggest impact on the length of your divorce will be how you and your spouse decide to handle it. If you and your spouse are fighting over “the dog and kitchen sink in the backyard” your divorce will likely take longer to complete compared to a divorce where there are no disputes needing to be resolved by the court.

How Are Assets Divided in a Divorce in Pennsylvania?

During a divorce, it’s important to understand how your assets will be divided. In Pennsylvania, the law requires that a couple’s marital property be divided equitably – this does not always mean equally.

The property that belongs to you and your spouse is categorized in two ways:

• Separate property – These are assets that belong to only one spouse. This might include property that was acquired prior to the marriage, such as real estate or vehicles. In some cases, gifts and inheritances received during the marriage may be kept separate and thereby considered separate property. Separate property might also include assets that are protected in either a prenuptial or postnuptial agreement.
• Marital property – These are assets that are obtained during a marriage. Some examples include houses, vehicles, furniture, and art. In addition, any increase in the value of separate property is considered marital property during a divorce.

In most divorces, each party will retain full rights and possession of his or her separate property. The marital property, however, will need to be divided equitably. When the matter is being decided by the court, a judge will consider several factors to determine a fair and equitable division of the assets. Some of the factors looked at include, the duration of the marriage, each spouse’s income, and the standard of living that couple enjoyed during the marriage.

Marital assets are the assets and property you and your spouse obtained during your marriage. Marital assets can be your house, car, 401k, etc. In the simplest of divorce matters, you and your spouse can outline how you would like to handle the “what you want to do with your “stuff”” question by entering into a marriage settlement agreement or postnuptial agreement.