Couples who tie the knot usually expect to stay married for a lifetime. However, that is not always the case. When divorce is the only option left, you and your soon to be ex-spouse may have questions about the process of going your own separate ways. To file for a divorce in Pennsylvania, one or both spouses must have lived in the state for a minimum of six months prior to filing. Residency in Pennsylvania is defined as physically living in a location with the intention of staying there indefinitely. When both parties agree that they want a divorce, they can file a complaint and wait 90-days for the divorce to finalize. To file a complaint, both parties will need to write a letter explaining that the marriage is broken and cannot be fixed.
In a fault-based divorce, one party must file a complaint in the Court of Common Pleas against the other spouse. After the paperwork is finalized, both parties will present their case in court. The court will then make decisions about custody if there are children involved, as well as assets.
A no-fault divorce is when both parties agree to divorce due to the marriage falling apart. No-fault divorce grounds include:
A fault-based divorce occurs when an allegation from one spouse blames the other spouse for the failed marriage. Fault-based grounds include:
A judge may rule that one spouse pay alimony to another spouse after a divorce. Many considerations go into deciding how much one spouse will need to pay to the other spouse. Considerations include, but are not limited to:
If you are thinking about filing for divorce, you need an experienced lawyer who will fight to get you the settlement you deserve. Contact West Chester divorce lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. Our lawyers will fight tirelessly for your rights. For an initial consultation, contact us online or call us at 610-565-3700. Located in Media and West Chester, Pennsylvania, we serve clients throughout Delaware County, Chester County, and Montgomery County.