FIND ANSWERS TO SOME COMMON QUESTIONS BELOW:
It has often been said that no one wins in a divorce case. We will attempt to raise all issues structured to your case to your advantage, and make sure you “lose” as little as possible. However, if your intent is to punish your spouse or to win by way of an all-out, no-holds-barred victory, your goal is probably unattainable.
It is difficult at the outset of a lawsuit to foresee how long it will take to complete. We are better able to give you an estimated time range later when we understand more clearly what is at issue. The time involved is primarily based on four factors:
-The number and complexity of the contested issues;
-The intensity of feelings between the parties and whether there is an inclination to settle;
-The attitude and tenacity of your spouse; and
-The tenacity and desire for litigation of the lawyer of your spouse.
By far, the factor that makes lawsuits last longer is the intensity of the feelings between the parties and how much they want to fight.
It used be that a divorce could not be granted unless there were fault grounds. Those days have passed and we now have no-fault divorces. Parties can still choose to divorce on fault grounds for reasons of adultery, abandonment; however, it can be very expensive due to the litigious nature of the divorce.
A no-fault divorce is where instead of proving that your spouse is to blame for the divorce, you can consent to the divorce under 3301(c) in Pennsylvania or divorce by Irretrievable breakdown of the marriage under 3301(d) in Pennsylvania. Under 3301(c), the parties can consent to the divorce by filing an affidavit of consent with the court 90 days after your spouse has been served with the divorce complaint. If both parties consent to the divorce, you can craft and file an agreement with the court and request entry of your divorce.
Under 3301(d), the parties must prove a separation from their spouse for a period of time to request grounds to divorce. If the period of separation from your spouse began on or after Dec. 5, 2016 you will need to be living separate and apart from your spouse for a period of ONE YEAR. If the period of separation from your spouse began before Dec. 5, 2016, you are required to be living separate and apart from your spouse for a period of TWO YEARS.
This notion is sadly misguided; the time to “fight” may be in TOUGH NEGOTIATIONS or in court. Being uncooperative with opposing counsel greatly increases attorney’s fees with all legal steps done the hard way such as preparation of special documents, appearances in court, etc. The information and documents are ultimately subject to disclosure under the law. Therefore, an uncooperative attitude serves no useful purpose. At times it may seem you are on the defensive. At different stages of the case, the roles reverse. Don’t worry, it evens out throughout the course of the case.
– REQUEST A CONSULTATION –
Reference: Gold-Bikin, Lynne Z. & Kolodny, Stephen, The Divorce Trial Manuel, Chicago: ABA Book Publishing, 2004. Print.