In Pennsylvania, a marriage may be dissolved through the process of divorce. For a divorce action to begin, it is mandatory that at least one of the parties has resided in Pennsylvania for at least 6 months.
A divorce is a type of law suit which starts with the filing of a pleading called a Complaint. Our lawyers will meet with you to discuss the various grounds of divorce which are divided into three categories: fault, institutionalization and no-fault.
A fault based divorced may involve:
- desertion (where one party is absent for a period of 2 or more years)
- cruel or barbarous treatment
- receiving a prison sentence of 2 or more years
A divorce may be obtained if one spouse is confined to a mental institution for 18 months prior to the filing for divorce when it is likely that the spouse will remain committed for an additional 18 months.
The no-fault divorce or consensual divorce is the most commonly used reason to dissolve a marriage. The process for a no-fault divorce is much less time consuming as it requires only 90 days to lapse after the filing and service of the complaint. Once the 90 day period has run out, both of the spouses must execute affidavits of consent agreeing to be divorced. If one party does not consent to the divorce, the other party will be required to wait a period of two (2) years before the court will order the divorce.
When legally dissolving the marriage, there are often disputes over how to divide the marital property. This process is called Equitable Distribution. The process of equitable distribution may become complicated as it is sometimes difficult to identify which debts and assets are marital property.
The factors considered in the distribution of marital property are: the length of the marriage; number of previous marriages; age, health, station, income, skills, employability, estate and needs of the parties; contribution by one party to the education or training of the other; opportunity of each party for future acquisition of assets; sources of income; contribution or dissipation of marital property; value of the property; standard of living and custody of children.
Our Experienced Attorneys Can Help
The moment a petition for divorce is served to you, or you have it served on your spouse, you need to contact Abom & Kutulakis, L.L.P.. We will use our everyday divorce litigation experience to bring your contested divorce to a fair and timely finalization. We will help you prepare for the divorce, put all of your marital property in order and fight any disputes brought to the table with your well-being in mind. Call us today for a consultation and let us go to work for you!