In Pennsylvania, every fifth marriage ends up with divorce. Along with the costs and the duration of a divorce process, there’s another question that bothers many couples: How to file for divorce in PA? And more importantly, what to do next?
Depending on the case, the divorce process in PA may be more or less complicated. You may be required to complete additional forms (specifically, if you have minor kids) or hire a lawyer if you have serious conflicts with your spouse. But in general, a marriage dissolution process is pretty straightforward in Pennsylvania. It only requires some legal awareness and attentiveness. Here’s how a divorce process looks in ten steps.
Preparation
Many divorce initiators believe that a divorce case starts with filing the papers. Unfortunately, this is a loser attitude as it inevitably causes mistakes, delays, unnecessary time and money wastes, and can easily fail your case.
In fact, getting a divorce in PA starts with thorough preparation. What are fault and no-fault divorces and what will be the ground of your divorce? How are contested and mutual consent cases different and what will be the right fit for you? If you have kids, what divorce forms and extra measures might you need? Will you hire a lawyer or represent yourself? These questions along with what to do after you are divorced will require careful consideration and honest answers.
The Conversation with Your Partner
The conversation with your partner is an important factor in a successful divorce outcome. Specifically, this is your chance to negotiate divorce terms and try to settle them peacefully. In PA, couples can have a cheap and fast mutual consent divorce if they don’t need a court to settle their conflicts. So, if you can find a common ground with your spouse, it’s a chance to divorce with less effort, expenditures, and bureaucracy.
But even if you’re still in conflict, you may try to minimize the number of contested terms. Regardless of the result, you’ll know what you should be ready for.
Obtaining and Completing the Forms
Once you know what kind of divorce you should expect, you must obtain Pennsylvania divorce forms. While they are available in the court, the fastest way is to download them from the internet. Many online divorce assistance websites offer free of charge pdf forms available for public use.
Please, note, however, that every divorce case requires different forms. We strongly advise you to do some digging before you complete and submit the papers. Remember that mistakes lead to undesirable delays and extra expenses.
Filing for Divorce in PA
How to file for divorce in PA? The completed papers must be submitted to the court in the county you or your spouse have resided in for the last 6 months. Unfortunately, the law of the state doesn’t allow online filing. And therefore, you’ll have to file the papers in person.
Along with that, you’ll be required to cover filing fees, which may differ for each county. The process won’t be started unless the fees are paid in full. However, low-income earners can attach in Forma Pauperis proving their inability to pay the fees. In such cases, the court may allow free filing.
Serving the Other Party with the Papers
The service of the process is a mandatory step after the complaint has been filed. In PA, you can arrange the service either by mail or through a sheriff or any adult person. They, in their turn, might deliver the papers to the receiving party themselves or any adult person responsible for their place of residence. For instance, it may be a hotel manager. The service of process must be arranged within 30 days after the filing.
The Answer
According to Pennsylvania divorce laws, the complaint must be answered. There are three outcomes possible. If your partner agrees to the terms set out in your petition, all you’ll have to do is to wait through a 90-day waiting period to be officially divorced. They might as well file a counterclaim, which will likely bring you to a long, contested divorce process. Alternatively, they may fail to respond within a nearly 3-months term. In this case, a divorce will be granted by default.
Discovery Process
If the case went to the court, a judge will oblige both parties to exchange their financial information including statements about their incomes, debts, assets, etc, as well as other documents having any relation to the case.
Attending a Seminar for Parents
If you’re parents of minor kids, you’ll be required to attend a seminar for parents. This is a mandatory requirement so unless you sit these few hours, you won’t be divorced. In the seminar, parents are taught different behavior and conversation tactics to help their children go through a divorce with less stress. The parties may as well ask the court for a family counseling session. While not obligatory, it may be a helpful method in solving conflicts, especially for spouses with kids.
Final Hearing with the Judge
A divorce process will be finalized at the last hearing. For spouses and their lawyers, this will be the last resort to present evidence, hear testimonials, and persuade the court. At the end of the hearing, the judge will read their decision. For a fault case, the petitioner might be denied divorce if the evidence was insufficient. However, in most cases, a judge grants a divorce and announces the court’s decision about marital assets, child custody, and other issues arising in the divorce.
Getting the Final Decree of Divorce
You and your partner will be considered divorced from the moment the judge issues their final decision. However, the divorce process will be finished as soon as you receive the final decree. Once you obtain it from the clerk’s office, you’ll have to serve the copy to the receiving spouse.
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