A courtroom with wooden benches, a judge's bench, and a witness stand. The room includes an American flag, a clock on the wall, and a seal in front of the judge's bench. There are large windows allowing natural light to enter the room.

Divorce is a significant legal matter. However, if you chose to undergo a mediated divorce, and you are able to remain amicable with your spouse throughout the process, then you may not necessarily have to go to a Pennsylvania court. Continue reading to learn whether a court is necessary when using the divorce mediation method and how an experienced York County, PA divorce mediation attorney at Ilkhanoff & Silverstein can be of any assistance necessary.

Does my mediated divorce require that I go to a Pennsylvania court?

A mediated divorce is a type of uncontested divorce. Meaning, that this is a divorce method that is useful if you and your spouse have little to no disagreements regarding the key marital issues of your divorce settlement agreement, such as spousal support, property division, child custody, and child support.

And since you and your spouse are amicable when reaching these decisions, the presence of a Pennsylvania court is not necessary. Instead, this process can be done in the presence of an unbiased third-party mediator. This mediator may or may not be an attorney, and they are present to aid you with finalizing the terms and conditions of your divorce.

Many couples cite the benefits of mediated divorce for the following reasons:

  • The process moves more rapidly than that of litigation.
  • The process is less expensive than that of litigation.
  • The process is more private than that of litigation.

Does my contested divorce require that I go to a Pennsylvania court?

It is important to note that if you start with the mediated divorce process, but you and your spouse cannot reach an agreement on a key marital issue, then you will have to switch over to a contested divorce. With this, you will have to undergo litigation in the presence of a Pennsylvania court. Some of the key marital issues that a New York court will decide on your behalf include the following:

  • Spousal support: the court will decide whether you or your spouse should receive alimony payments for temporary or long-term financial support.
  • Marital property division: the court will decide how you or your spouse should fairly and justly split your marital assets.
  • Child custody: the court will decide whether you or your spouse should be granted physical and/or legal custody of your child.
  • Child support: the court will decide whether you or your spouse should make support payments for your child.

If you require assistance with remaining in a mediated divorce and avoiding court, you must retain the services of a skilled York County, PA uncontested divorce attorney as soon as possible.


If you need legal assistance with personal injury cases, criminal defense matters, family law issues, estate planning law matters, and more, contact Ilkhanoff & Silverstein today.