Law Office of Joanne Kleiner

Archives for January 2022

Jan 07

How Long Does a No-Contest Divorce Take to Complete in Pennsylvania?

What Is the Timeline for a No-Contest Divorce in Pennsylvania?

Since 2019, divorce rates have been on the rise. According to Business Insider, the physical, mental and emotional stresses of a nearly two-year-long COVID-19 pandemic are wearing on people, with those 27% of marriages in people age 20 to 24 ending in divorce in 2020. When two people want to end their marriage quickly and without a long court battle, a no-contest divorce may offer an ideal timeline for both parties.

Choosing a No-Contest Divorce

A no-contest divorce is different from a no-fault divorce. In a no-fault divorce, you and your ex-partner agree that you’re incompatible for marriage and neither party is to blame. A no-contest divorce means that you and your ex-spouse agree on the grounds for the divorce. Both a fault and a no-fault divorce can be uncontested in Pennsylvania.

Filing a Summons

The first step in a no-contest divorce is filing a summons. The summons is filed in court and to your spouse. The partner who receives the summons is called the defendant. The defendant has 20 days to respond to the summons. As soon as they accept and sign the affidavit, your divorce lawyer may immediately file divorce papers with the court. If the defendant doesn’t respond within 20 days, you as the plaintiff can have your attorney file for divorce in court.

Using a Notary Public

If the defendant doesn’t plan to contest the divorce, they can sign the affidavit in front of a notary public. You can sign the papers at the same time, then your attorney can file them with the court. This may be faster than using a summons if you and your ex-partner agree to a no-contest divorce.

Pennsylvania Waiting Period

Pennsylvania law requires a 90-day waiting period in lieu of the one-year waiting period. To do this, both parties must agree on all issues before the filing and before the papers are handed to a judge. You and your ex-spouse agree to not contest any issues, including child custody, spousal or child support or the division of property.

Filing for Divorce in County Court

The next step in a no-contest divorce is filing papers with the county clerk where the plaintiff resides. Once papers are filed with the court, the timeline is out of your hands, your ex-spouse’s hands and your attorney’s hands. Some counties have busier family courts than others. In general, it may take a family court judge six weeks to six months to read, approve of and sign the papers after the completion of the 90-day waiting period. Your attorney may have an idea of the court’s current caseload at the time of your filing, and they may be able to give you a more accurate estimate of how long it might take the judge to sign your paperwork.

Court Appearance

You will receive a letter with a court date regarding your no-contest divorce. You must appear in person to sign the documents in front of the judge. It’s a good idea to have your divorce lawyer present at this court proceeding to review the paperwork and make sure everything is in order. This court appearance is typically brief, although you may have to wait for other cases to be processed during the court’s operational hours.

Remarriage

Although remarriage might be the last thing on your mind after a divorce, you may want to know if there’s a waiting period for it in Pennsylvania. In Pennsylvania, there is no waiting requirement for remarriage after a divorce.

Anyone considering a no-contest divorce in Pennsylvania should speak with a divorce lawyer for additional information about the process and to determine whether or not it’s the best course of action. Knowledge of the typical timeline for this process will help you plan for your personal and financial future. To schedule a consultation with the Law Office of Joanne Kleiner, call 215-886-1266, or fill out our online form to be put in touch with our Jenkintown divorce attorney.

Jan 03

Is Your Mediation Agreement Legally Binding?

Are You Legally Required to Abide by Mediation Decisions?

More and more divorcing couples are choosing to get mediation instead of arguing in court. If you have tried or are considering trying mediation, it’s helpful to know just how legally binding the process is. Here is what you need to know about whether or not divorce mediation is legally binding.

Are You Legally Required to Get Mediation?

In most cases, mediation is entirely optional. People usually decide to get it when they want to divorce and keep things as amicable as possible. However, usually, you have the right to forego mediation if you don’t think it will work for your situation.

There are a few exceptions to this rule though. The court can order a couple to enter mediation if they think that would benefit the family. This is a special type of mediation called court-ordered mediation. If you have court-ordered mediation, you are legally bound to show up for your mediation sessions. You don’t necessarily have to be talkative during the session, but if you skip it, you could be found in contempt of the court.

Another reason you might be legally bound to go through the mediation process is if you signed a prenup saying you would. Many prenuptial agreements include a clause that says you have to go into mediation if you want to end the marriage. Skipping mediation at this point could result in civil lawsuits or other penalties.

Do You Have to Follow the Mediator’s Recommendations?

During your mediation session, the mediator will hear both sides of the story. You and your ex can get a mediation lawyer to present your case and explain the solution you want. After hearing all the facts, your mediator might make suggestions for how you should proceed.

Keep in mind that the mediator is not a judge. What they say is not a final ruling that you are legally bound to follow. Instead, the mediator is just there to guide the discussion in a proactive manner. Whether or not you choose to follow any suggestions from the mediator is up to you.

Which Mediation Documents Are Actually Legally Binding?

The process of just talking with a mediator is not legally binding. However, usually, the whole point of mediation is for you and your ex to create a legal document that you both agree on. Depending on your circumstances, your mediation attorney might prepare documents like child custody arrangements, asset transfer agreements, or child support schedules.

Unless your mediation is court-ordered, you have the option of walking away without signing any documents. It’s very important to only sign legal agreements in mediation if you agree with them. Once you sign them, they are just as legally binding as any child custody or asset division settlement your divorce lawyer helps you get in court.

What Should You Do If You’re Not Happy With Your Mediation Outcome?

You cannot just shrug and quit paying your child custody because you sorted it out in mediation instead of in court. However, that doesn’t mean you are stuck with your mediation agreement forever. Just like any other legal agreement, you might have options to contest or appeal the decision.

In some cases, you can argue that the mediation contract is not valid due to irregularities such as being signed under duress. Mediation usually isn’t recommended for couples dealing with domestic violence, because one can intimidate the other into signing something unfair. Another option for changing your agreement is petitioning the court for an adjustment. Since some agreements, like child support, are ongoing, you can alter them when circumstances drastically change. This means that things like getting a new job or moving may let you make some changes to your mediation agreement.

If you’re considering mediation, the Law Office of Joanne Kleiner is here to help. We are happy to offer mediation and explain how it works. And if you’re unsatisfied with a previously mediated agreement, our divorce lawyer team can help you explore your options further. Call our Jenkintown office at 215-886-1266 or fill out our online contact form to learn more.