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Even in the best cases, dissolving a marriage is a complicated and often painful experience. Having an experienced lawyer on your side can help simplify the process and give you space to focus on healing and caring for your family.
Keep reading to learn more about divorce in Pennsylvania, including a step-by-step outline of the process and why hiring a lawyer for divorce is beneficial.
What is the Divorce Process in Pennsylvania?
The process for divorcing your spouse in Pennsylvania varies depending on the parties’ goals, assets, and level of conflict.
Mutual Consent
If both spouses want to divorce and agree that the marriage cannot be repaired, they must first file a complaint with the court. After a 90-day waiting period, both parties will file a sworn statement affirming that the union is severed and that they want to get divorced. The process is finalized once the court enters a divorce decree.
Un-Consented
If one spouse wants to get divorced and the other doesn’t, the plaintiff (the partner wishing to get divorced) must prove that the marriage is irreparable and that the spouses have been living separate lives for at least one year. These two provisions must be met before the court will finalize an uncontested divorce decree.
Fault-Based
Sometimes, the party who wishes to get divorced isn’t willing to wait a year or cannot safely wait a year before severing legal ties to their spouse.
Pennsylvania courts will grant a fault-based divorce if the person who wants to get divorced can prove their spouse has caused them harm or pain worthy of divorce. Specific criteria need to be met for a court to approve a fault-based divorce. It is important to consult an attorney before filing for a fault-based divorce to ensure you meet the necessary criteria.
Do I Need a Lawyer for Divorce?
An experienced divorce attorney on your team helps preserve and protect your assets. Hiring a divorce lawyer becomes even more essential when complicated factors are involved in the split, such as mutually owned property, marital debt, or dependent children. An attorney can guide the process toward a solution that most benefits any minors or vulnerable family members affected by the split.
Finally, legal representation is vital if you file for an unconsented or fault-based divorce. Your attorney will help you assemble the necessary evidence to prove your case before the court.
Why Work with Mette Evans & Woodside?
As an experienced family law and divorce attorney in Harrisburg, PA, Hannah White-Gibson has experience handling family law challenges with expertise and compassion. She works with clients to make the process more manageable by focusing on resolving disputes through mediation or collaboration.
Hire a Divorce Lawyer in Harrisburg, PA
Understanding your rights, options, and responsibilities is essential to successfully filing for divorce in Pennsylvania. Contact Mette Evans & Woodside for legal guidance and representation.