In Pennsylvania divorces are either contested or uncontested. If a divorce is uncontested, the both parties agree on a divorce and agree on how to divide up assets and debts. In Pennsylvania, you can obtain a no-fault divorce in as little as 90 days. If either party does not consent to the divorce, then the law requires that they wait two years before divorcing unless fault grounds such as adultery can be proved.
If you both parties agree to the divorce and agree on how to divide up debt and assets, then an uncontested divorce will work well for you. When the documents are drafted, it is not necessary to allege any fault grounds such as adultery that might otherwise end up in the Divorce Complaint for all the world to see. There are web sites that offer divorce kits, but you get what you pay for. The documents are confusing and are not always accurate.
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There are also several key procedural considerations in how and when to file documents along with certain notices that are required. The truth is, that at our firm we have had many people come in after paying for a kit that end up coming in anyway. When this happens, they end up paying more than they would have if they had just come in to begin with. In a divorce you really should have a property settlement agreement that is tailored to your needs.
If you own property or have a retirement, you absolutely need a well drafted agreement.
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If you fail to reach and file an agreement you are asking for trouble when you try to sell your property or when you retire or try to change your retirement plan. You will also need a deed transferring the property to the party who is receiving the house. You get what you pay for. In Pennsylvania you get one shot to get everything right. Custody and child support can be included in the filing of divorce but do not have to be included.
You can always file them separately either before or after a divorce is filed. Normally, the court will wait to hear those claims until you are living separately but it varies by county. If you are served with a divorce complaint, you may wish to file an answer. This is especially important if you wish to raise alimony. If you fail to file an answer, all allegations are deemed denied and you can still raise your claims prior to the divorce going through.
Every county in Pennsylvania has their own local rules. This makes it a challenge for the new practitioner or even an experienced practitioner to practice in other counties. While the law is supposed to be the same in the state, the local rules will determine procedures and forms required to file. In addition, the application of the law and interpretation may vary from county to county.
Some counties will require a special form that another county does not require.
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In addition, in some counties you not only have to file the complaint but you will have to file a separate motion in order to get it scheduled for a hearing. It is always wise to consult the local rules of the county as well as the state rules. Filing for divorce is not something that is easily accomplished without a lawyer.
While there are areas of family law that are more self-help friendly, doing your own divorce is not one of them. There are deadlines and very specific forms that must be filed in a certain order.
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This is not to say it cannot be done without an attorney but will require the ability to follow directions and keep track of dates, etc. Just like every county has their own rules, they each set their own fee.
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Every county has a different fee to file for divorce and that fee varies depending on what claims you raise. If you have custody issues, it is usually cheaper to include it when filing the divorce as some counties charge more if you bring it separately outside of a divorce complaint. You should check with your local prothonotary office to see what the cost is to file and be prepared with a money order if they do not take personal checks.
You should also check to see how many copies of a complaint you need to file. You are going to want to have one for yourself and one you can serve.
Once you have filed your complaint for divorce, you will have 30 days to serve it on the other side. Service can be accomplished by personal service, wherein someone over the age of 18, unrelated identifies and hands it to the defendant and then signs an affidavit verifying that fact.tigsrennacon.tk
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It can be done by certified mail, return receipt requested, restricted delivery, so you can prove it was the defendant who was served. If you serve this way you will also need to file an affidavit of signature wherein the plaintiff verifies that the defendant signed the green card. Finally, the defendant can accept service of the divorce.
They sign a form agreeing to accept service. You must prove to the court that service was accomplished by one of these methods within 30 days of the date you filed your complaint. You will need to file documentation to the court.