how long does.it take for lawyer to.file divorce in pa

Full Answer

How fast can I get a divorce in Pennsylvania?

The 3301 (d) Process

1. Start the waiting period. If both parties do not agree to the divorce, there is a waiting period imposed by law. ...
2. Complete and file the following forms. Once the waiting period has passed, the following forms must be completed in their entirety and filed with the court.
3. Serve the other party. ...
4. Contact the court. ...

Is there a waiting period for divorce in Pennsylvania?

Theoretically, you could be divorced in just over three months if the matter is simple and you are both extremely motivated and cooperative. In Pennsylvania, there is a 90-day waiting period after the filing of a divorce complaint before you can apply for a divorce decree.

What are the rules for divorce in PA?

• Abandonment (your spouse has left the home) without a reasonable cause for a period of one or more years;
• Adultery (your spouse has “cheated” on you);
• Cruel and barbarous treatment (your spouse has treated you in a way that puts your life or health at risk, such as acts of domestic violence;

More items...

How to get a divorce in Pennsylvania without a lawyer?

• Take our simple questionnaire.
• Divorce forms are custom generated for you to print out or we will mail them to you.
• File the documents with your local court clerk.
• The judge will complete your divorce by reviewing the divorce agreement and signing the Judgement.

How quickly can a divorce be finalized in Pennsylvania?

Pennsylvania law imposes a 90-day waiting period after filing to finalize the divorce agreement.

What happens after you file for divorce in PA?

After the complaint is filed, there is a 90-day waiting period. Each party then files a sworn statement that the marriage is irretrievably broken and that each wants a divorce, and asks the court to grant it. This type of no-fault divorce is often called a mutual consent divorce.

Can a divorce be expedited in Pennsylvania?

If you have been separated 1 year or more,then you qualify to get a 3301(d) separation divorce. The law in Pennsylvania requires a 20 day waiting period for this type of divorce, but we use a special waiver so you can get divorced much faster.

How long do courts take to process divorce?

For the most part, the divorce process is actually quite slow. It can take up to 3 months to get a conditional order (decree nisi) and 10 months for the final order.

Does it matter who files for divorce first in Pennsylvania?

When Both Individuals Live in Pennsylvania. If both you and your partner currently reside within the state, there is no true advantage to filing first. Even if you file first, the case will usually be held at the Court of Common Pleas in the defendant's county, or the county where you married, by default.

Who pays for a divorce in PA?

Generally speaking, you're on your own for your legal fees. In certain cases wherein one party has a very good income and the other party is low or no income, it is possible to ask the Court to have the well-to-do party pay the other's legal fees.

What is the fastest way to get divorce in PA?

In Pennsylvania, the court may call an uncontested divorce a "no fault and mutual consent divorce," or simply a "mutual consent divorce." A mutual consent divorce is a faster divorce process than traditional divorce—you can get divorced in three to four months, rather than the standard two or more years.

Is dating during separation adultery in PA?

Is it okay to date when you're separated? It is okay, providing you do it right. If you start seeing someone else before you and your spouse decide to divorce or before you physically separate, it is considered adultery.

How long does it take to get a divorce if both parties agree?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

What are the 5 stages of divorce?

Let's look at each of these stages in more detail.First Stage of Divorce: Filing Summons and Petition for Divorce. ... Second Stage of Divorce: Temporary Orders. ... Third Stage of Divorce: Discovery. ... Fourth Stage of Divorce: Pursuing Settling Your Case. ... Fifth Stage of Divorce: Draft and File Final Orders.

Can I check my divorce progress online?

Go online. Another way to check the status of a divorce is to go on the Internet. There are various websites available, such as vitalcheck.com, which will allow you to check the status of a divorce or obtain other records for a small fee.

Can you get a quick divorce?

A quick divorce can be achieved when both parties agree the marriage has broken down irretrievably and want to get divorced. This is the simplest form of divorce. A quick divorce does always require the co-operation of both parties.

How long does it take to get divorced in Pennsylvania?

Divorce in Pennsylvania can take between 90 days and 12 months on average, depending on whether it is a fault or a no-fault one. The mandatory waiting period for a no-fault marriage dissolution is 90 days. The average contested divorce takes 5-12 months, and an uncontested one – around 4-6 months.

How Long Does a Mutual Consent Divorce Take in Pennsylvania?

Mutual consent divorce takes at least 90 days and is usually finalized within 4-6 months in total. The lower the caseload in your county court, the sooner you will be able to receive a decree. If you want an easy and fast divorce in PA, a mutual consent one is your best chance to get it.

How Long Does a Fault Divorce Take?

A fault divorce in PA may take half a year to a few years to finalize. Gathering and presenting proof that a fault basis is valid in this case will add to the abovementioned factors influencing the length of the proceedings.

What evidence is needed to prove fault in divorce?

To establish fault, the filing party has to present substantial evidence such as witness testimonies, visual materials, message threads, and other proof admissible in court.

How long does it take for a divorce case to be heard again?

If a court schedule is packed, and given that lawyers of both spouses will need ample time to prepare for the next hearing, it is likely that your case will be heard again in weeks or months.

How long does it take to end a marriage?

If you and your spouse settle all or most of your disputes amicably, you can end your marriage in approximately 4-6 months. When either or both spouses are unwilling to negotiate, the proceedings may last for years and span decades in rare cases.

How long does it take to get divorced?

A contested divorce takes anywhere from 6 months to a few years, depending on how complex the case is. In general, it is longer, costlier, and more stressful than any other option.

How long does it take to get divorced by mutual consent?

It is the simplest form of divorce, since both spouses agree that the marriage is over. Once the plaintiff files the complaint, the law provides for a 90–day waiting period, at the completion of which, both parties may file a sworn statement consenting to the divorce. The court then grants a divorce.

What are the different types of divorces in Pennsylvania?

Pennsylvania law recognizes four types of divorce; namely, a mutual consent divorce normally in part with family mediation services, a two–year separation divorce, a fault divorce, and a mental hospital divorce. The first two categories are no–fault divorces, since the plaintiff does not have to provide proof of fault.

How long can a spouse stay in a mental institution before divorce?

The law allows for divorce where one spouse has suffered a mental problem, and has been in a mental institution for at least eighteen months prior to the commencement of the divorce proceedings; and may likely remain in the institution for a further eighteen months after the start of the proceedings.

How long does a spouse have to live separately?

If one spouse declines to sign a sworn statement consenting to the divorce, the other spouse may opt to live separately for two years, and then, sign an affidavit claiming that the marriage is irretrievably broken. However, separation does not mean the couple has to live in different homes; rather, separation may apply even when the couple lives in the same home, but interact very little with each other, and each spouse is living his or her own separate life.

Can you file for divorce on fault grounds?

In this type of divorce, the plaintiff must prove that he or she is innocent of any wrongdoing, and that the defendant is solely at fault. The main reasons why most people avoid filing a divorce on fault grounds are the expense, and the difficulty of proving innocence of wrongdoing.

How long does it take to get divorced in Pennsylvania?

The shortest answer is that the average divorce in Pennsylvania takes two years.

What is divorce in Pennsylvania?

Divorce is the legal process of ending a marriage in Pennsylvania. However, when most people think about "divorce," they usually…

How long does it take to get divorced?

When you add it all up, it is easy to see how the average divorce can take up to two years to process. And as we said, that is simply the average.

What is the biggest complicating factor in divorce?

Cooley & Handy has noticed that one of the biggest complicating factors to an efficient divorce is the spousal relationship.

1. Uncontested Divorce – no children, no assets

The quickest divorce cases are those in which both parties will give their consent to the divorce and when there are no minor children or marital assets to divide up. In Pennsylvania, Section 3301 (c) of the PA Divorce Code allows for a mutual consent divorce after 90 days following the filing and service of the divorce complaint .

2. Uncontested Divorce – no minor children, some assets

If both spouses consent to the divorce and they have some marital assets, the divorce process may take a bit longer. The Court will not grant the divorce decree unless and until the marital assets are equitably divided.

3. Uncontested Divorce – minor children, some assets

When children are involved, this adds another layer of complexity to the divorce process. Again, during the 90 days, the parties are free to negotiate and resolve child custody matters along with matters involving the equitable division of marital property.

4. Contested Divorce

If a spouse does not consent to the divorce, then the PA Divorce Code requires the other spouse to allege and prove that the parties have been continuously separated for at least one (1) year. This is a divorce under Section 3301 (d). The process is different from a 3301 (c) in that instead of the 90-day delay, the delay is at least one (1) year.

CONTESTED DIVORCE AND UNCONTESTED DIVORCE LAWYERS

At The Martin Law Firm, our priority is to help facilitate a quicker, efficient divorce process for our clients. When an amicable resolution of divorce related matters is not possible, we have the experience to litigate contentious matters to achieve our clients’ desired outcomes. Call us today for a free case evaluation at (215) 646-3980.

How long do you have to wait to get divorced after a year?

If a lawyer cannot think “out of the box”, one-year separation divorces have a 20-day waiting period beginning when your spouse receives copies of the divorce documents.

When did Pennsylvania divorce no fault?

Pennsylvania enacted no-fault divorce in 1980 at which time I put into action the simplest, easiest, lowest-cost way of handling these cases on a state-wide basis with no travel, no appointments, and no court appearances. No other law firm has anywhere near my level of experience or simplicity of the process. No one’s case is left behind. The fact that half of my clients are referred to me by other clients proves that.

How Long Does It Take To Get a Divorce in PA?

How fast you can get a divorce in PA mostly depends on which type of divorce you choose to file for. There are two types of divorce in Pennsylvania:

How To File for an Uncontested Divorce in PA

The fastest and least expensive way to get a divorce in Pennsylvania without engaging lawyers and involving courts is to file for an uncontested divorce. This process requires you to work with your spouse and agree on all terms of your divorce before filing for it. To file for this type of divorce, follow the steps below:

Let DoNotPay Take Over and Create the Perfect Divorce Settlement Agreement in a Snap

You can hire a lawyer to draft you a divorce settlement agreement, but that could cost you an arm and a leg. Another option is to rely on online templates, but the downside is that they won’t be personalized to your case and might be filled with errors.

Tackling Administrative Issues Has Never Been Easier

DoNotPay was created to help you deal with burdensome everyday tasks you would rather skip. The features we offer will make sure you can:

Dealing With Legal or Security Issues? DoNotPay Will Make Them Go Away

Has a company refused to issue a refund you are entitled to? Sue it in small claims court and get your money back with the help of the world’s first robot lawyer! You can also turn to us if you want to protect your work from copyright violation, prevent stalking or harassment, or get virtual credit cards to avoid disclosing your credit card info.

How long do you have to be a resident to file for divorce in Pennsylvania?

Residency and Where to File. In order to file for divorce in Pennsylvania, either you or your spouse must be a Pennsylvania resident for at least 6 months. You may file in the Court of Common Pleas in the county where: the defendant resides, the plaintiff resides, if the defendant is not a Pennsylvania resident,

What happens if you divorce a married couple in Pennsylvania?

For any married couple in Pennsylvania, divorce will sever the marital relationship, and divide assets and debts. If one party will be unable to be self-supporting after the divorce, the issue of alimony may arise. If there are minor children, the issues of child custody and support must be resolved. Same Sex Divorce.

How to file for divorce?

You begin the procedure by filing a Complaint in Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce.

What are the grounds for divorce in Pennsylvania?

Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Pennsylvania, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds.

How long do you have to be separated to be a plaintiff?

the plaintiff resides, if you are not separated for 6 months and the defendant agrees, or where either party resides if neither live in the county where you lived together, or. where either party resides, if you have been separated for at least 6 months.

When a marriage ends, is it important to take the necessary legal steps to formally terminate the relationship?

When a marriage ends, it's important to take the necessary legal steps to formally terminate the relationship.

Can you confuse a divorce decree with a divorce certificate?

Don't confuse a divorce decree with a divorce certificate. One if for record-keeping, while the other in an enforceable court order.

How long does it take to get divorced in Pennsylvania?

It takes a minimum of 3 months to get divorced in Pennsylvania, due to the mandatory 90-day wait period. Here is an outline of the 3-step process and timeline for filing for divorce in PA:

How much does a divorce cost in Pennsylvania?

Divorce Cost and Legal Fees 1 A court-contested divorce in Pennsylvania (where you and your spouse each hire your own divorce lawyers), the legal fees alone can cost at least $30-40,000. It is not unheard of for high conflict cases to reach $150,000 or more. 2 Custody evaluations, custody trials, contested alimony payments, and paying a spouse's legal fees are often the biggest expenses in the divorce process. Legal options such as divorce mediation can reduce legal fees to less than $10,000.

What is mediation in divorce?

Divorce mediation is a process where spouses are empowered to make all of their own decisions that form the basis of their marital settlement agreement for their divorce--without judges or courts deciding. A good divorce mediator is an entirely neutral party who does not take sides, but rather is concerned with protecting the rights and interests of both spouses and their children.

How long do you have to live apart before you can get divorced?

If your spouse does not agree to the divorce, they must have lived separate and apart for at least (1) year from the date of filing before grounds for a divorce can be established. This law changed from 2 years to 1 year in October 2016.

How many years of alimony can you get in Pennsylvania?

A general rule of thumb used by some Pennsylvania courts, is one year of alimony for every three years of marriage, although this is not a written law in the PA Divorce Code, and therefore should not be viewed as a guarantee.

What is a divorce complaint?

The Divorce Complaint is a legal document which, upon being filed with a court, begins a legal proceeding. In this case, it will initiate the commencement of your divorce proceeding.

What to do when you are in shock about divorce?

Because you may be in shock, denial, or outrage, you may also consider consulting with a divorce coach or a therapist, who can help you process what's happening and begin preparing for divorce emotionally by being in a proper frame of mind to speak with legal counsel and move forward.

Uncontested Divorce – No Children, No Assets

See more on jbmartinlaw.com

Uncontested Divorce – No Minor Children, Some Assets

Uncontested Divorce – Minor Children, Some Assets

Contested Divorce

Contested Divorce and Uncontested Divorce Lawyers