The word “divorce” is a strong word for a reason. It comes with it an emotional and financial burden that can turn lives upside down. It is an ordeal no one wants to go through, but often it is the best outcome for all parties involved. That’s why today we’ll be giving some basic legal advice should you be considering taking that step.
First, if you are seriously considering a divorce go to your friends and family for emotional support, but go to you lawyer first for legal advice. Not every case is the same, and though the advice you get from a friend may sound good, it doesn’t mean it applies to you and your situation. Before anything, talk to your lawyer, with whom you can be open and honest about your situation, and together start working towards making this experience go as smoothly as possible.
If you are contemplating a divorce, but may not be ready to take that first step of talking to your lawyer you should at least know there are 3 common types of divorce in Pennsylvania, the most common being No-Fault Divorce. Once the divorce has been filed by the plaintiff and served to the defendant both parties must wait 90 days, and then they can then file an affidavit consenting to the divorce. Once the judge grants the divorce each party has 90 days to work out a settlement involving custody, support, alimony and a property distribution. If an agreement cannot be reached the court will decide these issues followed by a hearing.
A two-year separation divorce occurs if one of the parties refuses to sign the affidavit consenting to the divorce. If your spouse refuses you must live separate and apart for two years, and then you can file an affidavit stating that the parties have been separated for two years and the marriage is irretrievably broken. If that party fails to respond, after being served, the court can grant the divorce. However, if a counter-affidavit is filed denying the two-year separation or denying that the marriage is broken, a hearing will be held and the court will decide if the parties are entitled to a divorce.
Fault Divorce involves the allegation that the other spouse is at fault causing the divorce. It involves the plaintiff proving their innocence at a hearing and thus proving the defendant is at fault. The most common proof of wrong doing is that of adultery or desertion. Fault divorces are generally very time-consuming and emotionally charged.
There must be a full hearing on the issue of who is at fault, not to mention the burden of proof falls on the plaintiff. If one can’t prove to the court he or she has been mistreated it can be a difficult uphill battle from there.
It is our hope at the Blasi Law Group that every marriage is happy and long-lasting, but in the real world that isn’t always the case. If you are worried about such a difficult decision call us, and we’ll be glad to help you through it.