It can be difficult to come to the conclusion that you do not want to be married anymore but it is an important and necessary step in many relationships. Taking the first step toward getting a divorce can be frightening and overwhelming but with the help of an experienced York County, PA divorce attorney you can navigate the process with confidence and ease. Keep reading to discover details about the Pennsylvania divorce process and contact a lawyer for legal advice and representation.
What Types of Divorce Exist?
Individuals in Pennsylvania who wish to end their marriage can file for either a fault-based or no-fault divorce. The type of divorce a person chooses will depend on why they want the marriage to end. They must address the grounds for divorce.
In a fault-based divorce, the filing spouse must prove that their spouse’s actions led to the end of the marriage. Grounds in a PA fault-based divorce include.
- Willful and malicious desertion
- Adultery or cheating
- Cruel and barbarous treatment
- Bigamy
- Imprisonment
- Indignities
- Institutionalization
A no-fault divorce can be filed when neither spouse wishes to place blame on the other for the end of their marriage, it simply did not work out. The grounds for a no-fault divorce are generally an irretrievable breakdown of the marriage or irreconcilable differences.
Once the divorce process is underway the situation may become either a contested divorce or an uncontested divorce depending on the relationship between the two spouses and the details of their assets and family life.
What is the First Step in Getting a Divorce?
Residency requirements must be met to ensure you are eligible to file for divorce in the state. Pennsylvania law states that one or both spouses must have lived in the state for the past 6 months or longer. Once it is established that you and your spouse meet the requirements the first step in filing for divorce is to complete and submit the Divorce Complaint.
With the Complaint, you must submit the Notice to Defend and Claim Rights and the Verification. These forms provide information to the court regarding personal and contact information about you and your spouse as well as your grounds for divorce. A filing fee will be required and may vary depending on your jurisdiction. Submit these documents to the court with whom you are filing.
Do I Need a Lawyer?
You can technically file for and get divorced without representation from a professional lawyer. However, doing so is not recommended. The divorce process can be drawn out and complex so having an experienced legal authority helping you navigate through can be beneficial. Your attorney will help you gather and present evidence, negotiate settlements, and represent you in court. Reach out to a skilled lawyer to schedule your consultation today.
