Choosing the Right Kind of Divorce Process in Pennsylvania
At The Law Offices of Jennifer Courtney & Associates, P.C., a Bucks County family law firm, one of the first services we provide to our divorce clients is an in-depth description of the different types of divorce processes in order to help our clients make a smart decision about the divorce process that will work best for their unique circumstances.
With decades of relevant legal experience to their names, our attorneys have seen a lot of different types of marriages and different types of divorce proceedings. Our extensive background helps us evaluate new clients' circumstances and provide advice about the best way to proceed through the divorce process. Contact us to schedule a consultation with a proven, practical family law attorney in Yardley, Pennsylvania.
Types of Divorce
Legal separation — with a separation agreement — may work well for spouses who are not certain whether they want a legal divorce but need to live separately. The separation agreement protects each spouse and memorializes agreements about issues like child support, child custody and visitation.
In an uncontested divorce the spouses agree on all the issues. Then, you really only need a divorce attorney to memorialize the agreements in writing. Uncontested divorces keep costs very low. Even if you think your divorce is uncontested, however, it is always a good idea to consult an independent divorce lawyer before signing any agreements. An uncontested divorce is not the same thing as a no-fault divorce. A no-fault divorce can still be contested.
Divorce on fault grounds is rare for two main reasons: Pennsylvania does not require proof of fault to get a divorce, and proving fault in a divorce case is almost always an expensive process. In some circumstances, however, it may be worth exploring because marital fault can factor into alimony awards. Most Pennsylvania divorces proceed as no-fault divorces.
Methods of Getting a Divorce
There are four basic ways to get a divorce: collaborative law, mediation, negotiation and divorce trial. The first three methods rely on open lines of communication between the spouses (or at least between their lawyers). The fourth method should be reserved for situations in which communication is next to impossible because a divorce trial almost always takes longer and costs more than alternative types of dispute resolution.
Collaborative divorce law provides a vehicle for private and relatively inexpensive divorces. This process is most often used by spouses with children.
Divorce mediation can be helpful when the spouses agree on almost all issues in their divorce or legal separation, but one or two points of disagreement remain. A neutral third person who is trained in dispute resolution can help the spouses find a way to compromise on the remaining areas of conflict.
Sometimes, a divorce agreement can be reached by straightforward negotiation between the spouses — via their divorce lawyers. Negotiation may take some time if the spouses can't reach agreement, which can become costly in terms of attorneys' fees. In other cases, negotiation may get results relatively quickly.
We usually advise our clients to view divorce court as the last option. However, just because it's the last option doesn't mean it has to take a long time to decide to take your divorce to a hearing. If your spouse refuses to negotiate with you in good faith, proceed to a hearing rather than beat your head against a wall. Also, some of the formal steps required can be used to provide financial protection while the divorce is pending. Filing a divorce complaint also requires each spouse to make full financial disclosures under oath.
Contact The Law Offices of Jennifer Courtney & Associates, P.C.
If you are considering divorce or legal separation, early divorce planning can go a long way towards minimizing the stress of ending a marriage. Contact us to schedule a consultation with one of our experienced divorce lawyers.
