Law Office of Joanne Kleiner

COVID-19 pandemic

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.

Oct 20

Don’t Rush Into a COVID-19 Divorce

Ready to Divorce After Quarantining? Consider These Three Things First

When U.S. cities and states began implementing COVID-19 quarantines in March, many relationship analysts predicted that marriages would suffer under the strain. Now it appears that gloomy forecast could be coming true. A recent online survey found that 31% of couples believe the quarantine caused irreparable harm to their relationship.

It’s No Surprise Divorce Rates Are Up

Family law attorneys and marriage counselors say it’s easy to understand why the quarantine was hard on relationships. The hustle and bustle of everyday life made it easy for some couples to ignore relationship warning signs. However, once they were forced to spend weeks or months in a confined space together, they could no longer escape their relationship problems. Add stresses like financial worries, unemployment fears, boredom and health anxieties to the mix, and many couples were pushed to the breaking point. Internet statistics show that divorce-related web searches spiked during the lockdown period, and divorce attorneys across the country are reporting an uptick in divorce inquiries compared to previous years.

If your marriage suffered during the pandemic, you may be ready to call it quits. However, there are three important things you should consider before making your divorce legal.

1. Is This Is Really the End?

Divorce can be a long, disruptive and expensive event. If there is any chance that you can reconcile with your partner and work toward a happy marriage, you may benefit from doing so. Marriage counseling could help you and your spouse resolve conflicts and get your relationship back on track. Many therapists offer virtual sessions, which is ideal for couples who are still in quarantine or want to maintain social distancing. However, not all marriages can be saved. If you believe your relationship is beyond repair, it’s better to end things and move on. You can start the process by contacting a Pennsylvania divorce lawyer and scheduling a consultation.

2. Understand That Your Life Will Change

Once you decide to divorce, you need to understand that your life will never be the same. The end of a marriage marks the beginning of a new life. Some of the changes will be good, but some could be unexpected and painful. For example, you may feel relieved when your partner moves out of the family home, but you might also find it difficult to maintain the property on your own. Meanwhile, you may love the peace and quiet that comes with separation, but you might struggle with your new identity as a single person or find that you lose friends over the split. Divorce causes many conflicting emotions and unforeseen social changes, and you need to be prepared for all the ways it could impact your life. A divorce lawyer might be able to help you identify some of these changes and make sure they are addressed during settlement negotiations.

3. Get Your Finances in Order

Even in the best of times, divorce is expensive. However, the COVID-19 pandemic could add an extra layer of financial risk. The threat of unemployment, rising health care costs and depleted retirement accounts could make it difficult to fairly divide assets. Because of this, it is essential that you fully understand your financial situation, including your income, assets and liabilities, before you enter divorce negotiations.

You need to create a realistic post-divorce budget and determine how you will pay for it on a single income. It might be necessary to change jobs, move into a smaller home, reduce discretionary spending or sell assets to stay within your means. Whatever the situation, having a clear financial picture will make it easier for you to negotiate a fair divorce settlement. It will also help you set realistic expectations for your post-divorce life.

The Law Office of Joanne Kleiner could help you navigate your divorce during the COVID-19 pandemic and offer essential advice on asset division, child custody, child support, spousal support and other important divorce legal issues. To set up a consultation, please contact us through our website or call our Jenkintown office at (215) 886-1266.

May 05

Tips for Successfully Sharing a Home With a Former Spouse

Moving on From a Relationship Without Moving Out

The overall divorce rate in the United States is anywhere from 30 to 50% depending on where you get your information from. Younger Americans are less likely to get divorced while older Americans have seen their divorce rates increase dramatically since 1990. However, you may find that you’re stuck sharing a home or an apartment with your former spouse for months after the divorce is finalized.

Make Sure to Create Your Own Space

One of the most important parts of sharing a home with a former spouse is ensuring that you have a space to call your own. For instance, you could choose to claim the guest bedroom that has the bathroom attached to it as your own little apartment. You might also consider staking claim to the finished basement that has its own entrance and exit. Even setting up separate sleeping arrangements on the living room couch can be enough to create physical space. Taking such a step can minimize the amount of contact that you have with your former husband or wife and allow you to process your emotions in private.

Don’t Expect to Rekindle the Romance

If you are still friendly with your former spouse, it may be possible to share meals, have movie nights or otherwise spend time together at home. However, it is important that you create limits as to how friendly you get with this person. If one person mistakes a kind gesture such as making dinner or sharing a blanket for an attempt to reconcile, it could result in hurt feelings.

Hurt feelings could lead to arguments that may make it difficult to peacefully share a home. Furthermore, attempting to reconcile when your former partner isn’t interested in doing so can prevent you from truly getting past a relationship and moving on with your life.

Keep Lines of Communication Open

Living with someone means that you are likely responsible for paying a portion of the rent or buying groceries. You might also be responsible for making repairs or ensuring that the home remains clean. It is important that you understand what your responsibilities are around the home and what your current housemate will be responsible for.

In some cases, it may be a good idea to create a formal lease or similar type of written agreement. Effective communication can help ensure that rent or mortgage payments are made on time or that the home is in good enough condition to be sold when the time comes to put it on the market.

Don’t Abdicate Your Responsibilities as a Parent

If your children are living with you and your former spouse, it is important that you provide a nurturing and positive environment for them. This means helping them with school assignments or comforting them when they are upset or nervous about the future. It is often a good idea for you and the child’s other parent to work together whenever possible to provide stability for your son or daughter.

Know That Help Is Available

The COVID-19 pandemic has made it difficult for people to do little more than go to the grocery store or take a walk around the neighborhood. Although you may not be able to venture far from home, it doesn’t mean that you can’t get in touch with a mental health counselor when you’re feeling isolated.

If you are being threatened by your former spouse, you can attempt to call the police or a local domestic violence hotline to get help. Those who are unsure of how to solve a problem with this individual can also call friends or family members for moral support or guidance. Finally, a divorce lawyer may be able to provide insight into what resources are available when you run into a problem of any kind.

When you need a divorce lawyer, feel free to contact the Law Office of Joanne Kleiner in Jenkintown by calling (215) 886-1266. You can also contact the firm by sending a fax to (215) 886-2670.