Uncontested Divorce Lawyer Philadelphia
Getting divorced is never a pleasant experience, however, it can be made less unpleasant and stressful if the parties are able to agree on Child Custody, property settlement, and support issues. The Pennsylvania divorce code contains provisions for an Uncontested Divorce. Section 3301(c) of the divorce code provides for divorce by mutual consent. If the parties agree that a divorce is necessary, one party can file a complaint in divorce. The other party would then sign a document which indicates that he or she accepts service of the complaint. After that 90 days, known as the cooling off period, must pass. Then, the parties sign additional documents to be filed with the Court, and the judge then signs a divorce decree. Generally, any financial, child custody, and property issues must be worked out by the parties before a judge will sign the divorce decree. However, the parties can agree to address those issues separately and ask for the divorce decree to be signed. If the parties can come to an agreement on their issues, they can be divorced within 5 months, sometimes sooner depending on the County where the complaint is filed. In cases where the parties have no children, and do not own anything together, a divorce by mutual consent is the fastest and most economical way to get a Divorce.
Section 3301(d) of the divorce code provides a remedy when the marriage has suffered an irretrievable breakdown. To file under this section, the parties must have lived apart for at least one year. This section can be used when one spouse in uncooperative. If a divorce complaint is served, and one of the parties does not want to sign any of the required documents required by section 3301(c), section 3301(d) can be used. If one of the parties does not sign anything a Divorce can still be granted if all the proper papers are served, and proof is given to the Court that the papers were served in a timely fashion. It is important to note, however, that if a party is proceeding under 3301(d) of the divorce code, all economic issues must be resolved before a judge will sign a divorce decree. It is possible to separate the issues, however, this requires a separate motion called a Motion to Bifurcate, and adds time and expense to the process.
It is also possible to get a divorce if one of the spouses cannot be found. This is more common than one might think. This is called a Divorce by Publication. The law requires that notice of the divorce complaint must be advertised in local newspapers. After proof of notice is given to the court, the judge can sign the divorce decree.
Philadelphia Uncontested Divorce Lawyer
Even in easier divorces, there is a great deal of paperwork to file, and there are deadlines for the filings. The attorneys at Greg Prosmushkin, P.C. are experienced in all facets of divorce, and are extremely knowledgeable about the divorce code and its requirements. Free consultations are available, so please call or email us if you have any questions. Our attorneys are here to assist you.
This content was written on behalf of Greg Prosmushkin.