Law Office of Joanne Kleiner

Contested divorce attorney

Dec 14, 2019

The Difference Between Contested and Uncontested Divorce in PA

Uncontested and Contested Divorce in Pennsylvania

According to the Pennsylvania Department of Health statistics, nearly 34,000 Keystone State residents ended their marriages in 2018 either through divorce or annulment. Deciding to divorce is never easy, but the counsel and support of an experienced Pennsylvania divorce lawyer can make the marriage dissolution process much less stressful. Depending on the circumstances, spouses may have an uncontested or a contested divorce.

Choosing the Right Legal Divorce Process

Technically, a divorce is a kind of lawsuit in which one party is deemed the plaintiff and the other, the defendant. Though most Pennsylvania divorces are not tried in a court, divorce petitions are processed through the court system, and a judge will ultimately sign the divorce decree.

In Pennsylvania, two divorce options are available. In a contested divorce, the court is called upon to rule on the various issues involved in dissolving the marriage. These issues include:

  • Child custody disputes
  • Child and spousal support payments
  • The division of marital assets

In an uncontested divorce, both spouses can agree about the various issues that have arisen during the separation process. In Pennsylvania, an uncontested divorce is often referred to either as a “no-fault divorce” or as a “mutual consent divorce.”

The requirements for these two classifications of divorce are stipulated under Title 23, Section 3301 of the Pennsylvania Consolidated Statutes.

Uncontested Divorces in Pennsylvania

Most Keystone State couples that dissolve their marriages opt for uncontested divorces. For the most part, these types of divorces are far less stressful and less time-consuming. Typically, a mutual consent divorce will only take 15 or 16 months to complete. On the other hand, a contested divorce can take longer than two years.

To obtain an uncontested divorce in the Keystone State, you must meet Pennsylvania’s residency requirements. Either you or your spouse must have lived in Pennsylvania for six months or longer before you can file for divorce.

Additionally, you and your spouse must be separated for a year before you can file for the divorce. You’ll need to provide the court with the date you separated. Most often, this will be the date that one spouse moved out of the marital home. However, in situations where spouses are not living together but are continuing to have sexual relations, the court may not view the date that a spouse moved out as a legitimate separation date.

In some situations, couples that are sharing the same address can still be considered separated. This may be the case when that couple sleeps in separate bedrooms, does not engage in sexual relations and does not share meals together.

Once residency and separation prerequisites are fulfilled, three more requirements must be met to file for a mutual consent divorce decree. They are as follows:

  • The marriage must be irretrievably broken.
  • Both spouses must agree that they want to end the marriage.
  • Both spouses must be willing to sign an affidavit consenting to divorce.

Contested Divorces in Pennsylvania

What happens when one or both spouses refuse to sign an affidavit consenting to divorce? The court will become involved in these contested divorces, and new stipulations will apply. Keep in mind that even if the spouse who’s balking previously promised to sign the divorce papers, the court will never order him or her to do so.

In such cases, the necessary period of separation is 24 months. This may also become a point of contention since Pennsylvania will still require you to file a form that verifies the date of separation, and your spouse will have 40 days to respond. If he or she contests the date, your divorce may take longer than two years to process.

Even in cases when a divorce is uncontested, a Pennsylvania divorce lawyer can be a valuable resource in helping a partner meet the legal requirements necessary for the dissolution of a marriage. The Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, can help keep you focused on the bigger picture and the issues that matter most during trying times. Call us today at (215) 886-1266 to arrange a confidential consultation.

Sep 06

The Contested vs. Uncontested Divorce

Uncontested Divorce

When your marriage has ended and the only way forward is through a divorce filing, there are generally two ways that can proceed—as a contested divorce or as an uncontested divorce.

In an uncontested divorce, the party on whom the divorce complaint is filed (technically, the defendant) does not challenge the allegations in the complaint. That may come about because the defendant elects not to respond at all to the complaint for divorce. In such circumstances, the party who filed the complaint will typically be entitled to what is known as “default judgment.” In other situations, the party upon whom the complaint was filed may answer the complaint, but raise no objections. In either instance, the court will subsequently enter a divorce decree or order, identifying the terms of custody and visitation, support and the distribution of property.

With a contested divorce, though, the process is very different. A divorce becomes contested when the party upon whom the complaint is filed responds, challenging any assertion in the complaint. The divorce proceeding then moves forward toward trial. On the way to trial, a number of things can happen to terminate the process:

  • The parties can negotiate a settlement
  • The parties can use mediation to resolve their differences
  • The parties can reconcile and the complaint can be withdrawn

If none of these events occurs, the parties will typically go through a discovery period, where both sides gather evidence to support their claims. During this period, depositions may take place and parties may be required to produce documents, such as financial records. The court will likely encourage the parties, throughout the discovery process, to find a way to settle the disputes without a trial.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

May 17, 2012

Types of Divorce in Pennsylvania

Divorce law in the Commonwealth of Pennsylvania provides for many approaches to divorce, as follows:

• Uncontested divorce. When spouses in a divorcing couple can agree on all the issues and do not site fault grounds, they file for an uncontested divorce.

• Contested divorce. A divorce in which the spouses disagree on issues such as child custody, visitation, spousal support and property division is contested. In a contested divorce you go to court to resolve the issues. A contested divorce can be an expensive and drawn-out process, and requires the assistance of an experienced Pennsylvania divorce attorney to get through the process.

• Collaborative divorce. A collaborative divorce allows couples to resolve their differences without going to court. In a spirit of cooperation, the spouses negotiate an agreement on the issues, and both parties are represented and advised by separate collaborative attorneys. Collaborative divorce is a completely voluntary process, and if either spouse opts to go to court, the process ends and the attorneys withdraw.

• Mediated divorce. Divorce mediation is a process in which a neutral third party helps the divorcing spouses to resolve disputes on the issues and reach an agreement.

• Legal separation. Pennsylvania has no such status as legal separation. However, a divorce attorney can prepare a separation agreement for you. The separation agreement is a legally binding document that offers protections for both spouses during the separation. The agreement can include provisions on property division, support and custody, and any issues covered in a divorce decree.

You don’t have to face a divorce alone

Each family is unique and has its own special needs. An experienced divorce attorney can help you determine the best approach to divorce for your family. Contact us online or call (215) 886-1266 and schedule a consultation to discuss your divorce needs.