In a Pennsylvania uncontested divorce, both spouses are successfully able to reach an agreement on all of the issues that arise during the divorce process. It is usually not necessary to appear in court if your divorce is based on mutual consent and if there are no unsettled issues. Instead, you and your spouse can rely on our divorce and family law attorneys to help draft the appropriate agreement documents and to finalize the divorce.
When you and your spouse agree that it is time to end your relationship amicably, we will help you to navigate the necessary legal process as smoothly and with as little expense as is possible. The family law attorneys at DiOrio & Sereni, LLP have the skills and know-how to help you get a no-fault or un-contested divorce with as little difficulty and delay as possible. While an uncontested divorce may seem like something that you could handle on your own, doing so is not advisable, as there are legalities that must be properly handled, especially if you and your spouse own any property, assets, or share financial accounts and responsibilities. We can make your uncontested divorce as efficient, effective and painless as possible. We will work to resolve your legal affairs quickly, by working on your behalf with your spouse and/or with his or her attorney.
The knowledgeable family law attorneys at DiOrio & Sereni, LLP know what needs to be done to achieve a final divorce in an amicable situation where the parties are in agreement on most of the terms. In these situations, the parties may need a lawyer to make it official or take care of the requisite paperwork. Our attorneys will do that, but will also see to it that all of the necessary legalities are attended to on your behalf. When children or alimony are concerned, we will give you our best advice on how to proceed. We can, do and will work with your spouse and/or the attorney on the other side to handle your divorce quickly and in a cost effective manner.
When a divorce is uncontested, both parties agree to the terms of the divorce for child custody, visitation, child support, property division and spousal support (if applicable). By contrast, in a contested divorce, parties cannot agree on the terms or conditions for divorce. They often have conflicts, despite having tried to settle them through mediation, negotiated settlement attempts or other types of alternative dispute resolution methods. This leaves them with the last resort of taking their case to trial. Most couples want to avoid litigation, if at all possible, because it is expensive, time-consuming and stressful.
Under Pennsylvania Consolidated Statutes Section 3301, there are two ways to obtain a no-fault divorce:
Irretrievable breakdown (of the marriage) where parties have lived separate and apart for at least one year
Mutual consent where parties allege that the marriage is irretrievably broken and 90 days have elapsed since filing the affidavit for divorce
A no-fault divorce is much simpler than a fault-based divorce, because it avoids legal complexities. A fault-based divorce typically involves proving one or more grounds that blame the other spouse for the marriage breakdown — adultery, cruel and barbarous treatment, bigamy, imprisonment or indignities that made the situation intolerable and life burdensome. Fault-based divorces are more prone to adversarial courtroom battles, which once again involves contention, waiting for trial dates, lengthy court room sessions and litigation expense.
When considering divorce, it is worth your while to discuss all your options with your lawyer and make sure you understand what various approaches involve.
Contact the Law Firm of DiOrio & Sereni, LLP
For a private consultation, call us at 610-565-5700 or send us an e-mail. Evening and weekend consultations can be arranged upon request, and we will travel to meet with you, if necessary. We accept Discover, Visa and MasterCard.