Complex Divorce Matters in Philadelphia
Dedicated Legal Support Also in Moorestown
If you have been served with divorce papers or are contemplating divorce, you will need to understand all of your legal options and their potential consequences. The decisions you make concerning your divorce issues can affect the rest of your life, your children’s lives, and your financial situation going forward. Understanding your options, the protections available to you, and your rights and responsibilities under the law can be accomplished with the help and support of William Kirby Law, Family Law Attorneys.
Our firm assists men and women in all types of divorce situations throughout the greater Philadelphia area. Our attorney brings years of experience to every case and, as a former U.S. military lawyer, has special understanding and skill with military divorces.
What Are the Grounds for Divorce in PA?
Pennsylvania provides two options in regards to dissolving your marriage. These options include no-fault divorce as well as divorce based on fault grounds. A no-fault divorce is based on “irreconcilable differences,” in which neither you nor your spouse is obligated to prove marital misconduct. Because of this, no-fault divorces can be processed more quickly with less adversity and expense. However, the type of divorce you choose can have an effect on child custody and marital property division. To understand the best option for you, you should consult with our divorce attorney.
To pursue a fault-based divorce, you will need to prove that your spouse wronged you through one of the following ways:
- Cruel and barbarous treatment
- A criminal record
- By making your life intolerable and burdensome
To pursue a no-fault divorce, you have two options, including:
- Showing that you have lived “separate and apart” for two years and that your marriage is “irretrievably broken”
- Applying for a mutual consent divorce if you and your spouse both agree to divorce; in some cases, these divorces can be finalized in just 90 days
Either way, you will have to resolve whatever issues are pertinent to your divorce, such as the division of marital property and debts, child custody and visitation, child support, and spousal support. William Kirby Law, Family Law Attorneys, we are adept at helping you resolve your issues through negotiation, mediation, or in the courts. Our firm handles divorce and family law exclusively, which gives us the legal focus needed in pursuing optimum results.
What Is An Uncontested Divorce?
An uncontested divorce is a type of divorce in which both spouses agree on all key issues related to the divorce, including how to divide property, allocate debts, handle child custody and visitation (if applicable), and settle spousal support or alimony. It is often seen as a more amicable and straightforward way to end a marriage, as both parties are in agreement on the terms of the divorce.
Here are some key characteristics of an uncontested divorce:
- Mutual Agreement: Both spouses are in mutual agreement on all aspects of the divorce, and there are no major disputes or disagreements regarding the division of assets, child custody, or any other issues.
- Less Time and Expense: Uncontested divorces tend to be less time-consuming and less costly than contested divorces because they don't require as much litigation, court appearances, or legal representation.
- Reduced Stress: Since there is no need for a contentious legal battle, uncontested divorces are often less emotionally stressful for both parties, which can be particularly beneficial if there are children involved.
- Simplified Legal Process: The legal process for an uncontested divorce is typically simpler and more streamlined. It may involve filling out the necessary forms, reaching a settlement agreement, and attending a brief court hearing to finalize the divorce.
- Faster Resolution: Uncontested divorces can be resolved more quickly, allowing both parties to move on with their lives sooner.
- Privacy: Because there are no court battles or contentious legal proceedings, uncontested divorces often maintain a higher level of privacy compared to contested divorces.
It's important to note that even in uncontested divorces, it is advisable for both spouses to seek legal counsel to ensure that their rights and interests are protected. A family law attorney can help draft a legally sound and comprehensive settlement agreement that covers all relevant issues, and they can provide guidance throughout the process. This can help avoid potential future disputes or issues related to the divorce settlement.
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