If one can file a low-cost, simple, uncontested, no-fault divorce there is no need for a courtroom appearance. Your attorney should prepare, obtain signatures on and file all of the required documents for you. Neither you nor your spouse nor the judge nor your attorney will have to go anywhere except to our mailboxes for any part of the procedure.
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For a low-cost divorce, both parties must sign no matter how long they have been apart, but do not give up hope just because your spouse will not sign. Begin the divorce without your spouse’s signature, and have the paperwork ready for when they’re ready to sign.
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Settling with your spouse over the kids, house, money, debts and everything you own is something you should try very hard to do on your own. Having lawyers do it is VERY expensive and the result may not be all that different from what the two of you could have worked out.
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While the term “legal separation” is often used in TV and movies, in Pennsylvania all that is required is to live under separate roofs. There is no court filing, or any other requirements for separation in an uncontested divorce proceeding.
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Alimony is never automatic, so if you want to be divorced AND receive alimony which your spouse is not willing to pay, you have to file an extremely expensive contested divorce. The Court has 17 factors it applies in determining whether you will receive alimony under Pennsylvania law.
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If you have not been separated for at least the last 12 months, a no-fault divorce MUST have a 90 day waiting period in the middle of it along with some time before and after.. If you have been separated for more than one year, the 90-day wait is no longer necessary and your divorce can be handled in a matter of weeks.
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Dating during your divorce is legally permissible; however, does your spouse mind? To keep your divorce on track and its cost to a minimum, you need your spouse’s full cooperation so any behavior which upsets your spouse, justifiably so or not and regardless of how your spouse is behaving, is behavior you need to avoid until your divorce is final.
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The requirements for a simple, low-cost uncontested no-fault divorce in Pennsylvania are relatively simple. At least one of you must reside in PA, and both of you must be available and cooperative. Then, you just need to find a lawyer to file your documents, which generally costs a couple hundred dollars.
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Each county in Pennsylvania has its own forms and ways of doing things, along with its own filing fee. Many times, the fee a county charges is more than what I charge for an entire divorce from beginning to end (and I include the fees in my price of $219 TOTAL).
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Yes, you need a reason to get divorced in Pennsylvania; however, for a No-Fault divorce, you just have to state, under oath, that you have an irretrievably broken marriage. You will not, however, be required to give any details as to why your marriage has become unacceptable to continue. Your reasons will remain completely private.
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Whether or not you or your spouse is incarcerated plays no role in whether you can get a simple, uncontested, no-fault Pennsylvania divorce. As long as one (or both) of the two parties is a resident of Pennsylvania, you may file a divorce here.
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A contested divorce is one in which the defendant opposes granting the divorce, while an uncontested divorce is one where the defendant doesn’t oppose the divorce. A no-fault divorce simply states that the marriage is broken and cannot be saved, while a fault divorce lists bad behavior by the defendant to grant the divorce.
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Pennsylvania has “equitable” or economically fair, division of the marital assets with the court being more generous to the party who needs a larger share to have as close as possible to an equal chance of surviving, economically, after the marriage without considering any of the factors that may have led you to want to become divorced.
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Living under the same roof during your divorce is allowed in Pennsylvania, though doing so will not count as being separated for the purposes of avoiding the 90-day waiting period – which requires a separation of one year under different roofs.
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After your divorce is final and you have your divorce decree, you can remarry as soon as you’d like. You will need the divorce decree you receive to apply for your new marriage license, and it’s included in my fees.
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Not being married very long or never consummating your marriage are not reasons for an annulment (but can be used for a religious annulment), as is commonly portrayed in movies. Drunk, drugged, forced, too close by blood or spouse failed to disclose impotency or sterility? Those will work, but only if you file for an annulment immediately.
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There is no certain age in Pennsylvania law that a minor child may decide with which parent to live. The Court will decide what’s best for children when the parties cannot and interviews with everyone and consultations with experts may be needed.
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Divorces among those married 20 years or more are increasing in recent years and regardless of the hair color, natural or enhanced, of the parties, the term “gray divorce” is being applied to such cases. However, whether married and getting divorced after 4 or 40 years, the same laws and procedures apply.
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While retaking a prior name after a divorce is common, it’s not without issues. It may leave children feeling uncomfortable, and there’s a lot of time and effort involved in getting it changed in so many different places (such as on your driver’s license, at the bank, or with the social security office).
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