Uncontested Divorce can be difficult, even when both parties agree to the terms. If you and your spouse have decided to divorce, both of you need to remain civil toward one another throughout the process. Doing so will help your agreement and protect both of you against future issues that may arise.
Uncontested divorces include a settlement agreement from you and your spouse. The most common reasons for uncontested divorces are an amicable relationship between both parties and a desire not to spend more money than necessary on legal fees and court costs. If you consider a divorce in Pennsylvania, you may have many questions about the process. This article answers some FAQs about uncontested divorces in PA.
10 FAQs Regarding Uncontested Divorce in Pennsylvania
Uncontested matters are those legal proceedings that do not require a trial to determine the rights and duties of parties or adjudication on the merits of equitable claims by one person against another, but rather are resolved through uncontested fact-finding hearings, agreed resolutions, or stipulations.
An uncontested divorce in PA can be a confusing topic for those unfamiliar with the process. The uncontested divorce FAQs below are designed to answer the most common questions for those considering this option.
These are the 10 FAQs about uncontested divorce in Pennsylvania:
1. What Is an Uncontested Divorce?
An uncontested divorce is when the spouses have reached a complete agreement on all financial matters, including property division, spousal support, child custody, child support, and any other financial issues. Uncontested divorces are typically used by couples who desire to remain on good terms after their separation or divorce.
2. What Differs Annulments from Divorce?
Whereas divorce terminates a marriage, annulment invalidates it, establishing that the parties were never lawfully married. Annulment is only available in cases where the marriage was legally null and void from the start. A marriage may be declared illegal if one of the parties was already married, if one of the parties was too young to consent to marriage, or if one of the parties was incapable of consenting.
3. What Differentiates an Uncontested Divorce from Other Types of Divorce?
The main difference of uncontested divorce from other types of divorce is that uncontested divorces involve agreement from both parties rather than one party being forced to accept terms against their will, as is the case in a contested divorce.
4. Is an Uncontested Divorce the Best Option for Me?
Typically uncontested divorces are the best option for those who want to avoid contentious litigation. Uncontested divorces can be a mutually beneficial process for individuals who can communicate well and reach an amicable resolution for all issues. An uncontested divorce also has the benefits of being less expensive, faster, and less intrusive than other types of separation.
5. How Can I Consider if I Qualify for an Uncontested Divorce?
In order to be eligible for an uncontested divorce, you and your spouse must be in agreement on all issues related to the divorce. In this case, both spouses must meet the state definition of an uncontested divorce is one that is based on irreconcilable differences. If at least one issue is left unresolved, then an uncontested divorce is not an option.
6. Is a Lawyer Required for an Uncontested Divorce?
An uncontested divorce does not require the services of an attorney, but it is recommended to have one in order to help you reach uncontested divorce agreements on issues that may not be resolved easily. It is advisable that you consult with a family law attorney before filing for an uncontested divorce.
7. What Will the Financial Cost of My Divorce Be?
The cost of uncontested divorce will vary depending on the particular county in which you reside. Generally, uncontested divorces are less expensive than contested divorces because there is no court intervention, and there are lower filing fees. The uncontested divorce lawyer fee cost will depend on the complexity of your case and other factors.
8. What Steps Should I Take to gain an Uncontested Divorce?
If you and your spouse have reached an agreement on all divorce-related issues, the uncontested divorce process can begin with the filing of a complaint. You will need to file this complaint in the county where you reside. Begin gathering all necessary documents to file for an uncontested divorce. These include your marriage certificate, separation agreement, income statements, and tax returns.
9. How Long Will It Take for My Divorce To Be Completed?
It can vary depending on the type of uncontested divorce options you choose. When it comes to the length of a divorce, a variety of factors come into play, including the complexity of any financial issues involved, the length of the marriage, how willing and able the parties are to come to terms on various divorce-related issues, and whether or not there are children involved.
10. Which of Us Has To Leave the House?
While the divorce is proceeding, neither party is legally obligated to vacate the residence unless a Protection From Abuse Order or other order providing exclusive residency is obtained. The decision to leave a shared residence is a complicated one that involves financial and custody concerns and should be discussed with counsel.
Conclusion
Getting divorced is never easy, and the process can be even more difficult if significant assets are involved or children. There may also be concerns about how an uncontested divorce will affect future alimony payments, retirement plans, or other family law issues that must be resolved for both parties. If you contemplate an uncontested divorce in Pennsylvania, you need to go through the right process.
The best way to determine what is right for you and your family is by talking to a lawyer who has experience with this type of case. You will be guided through all your options so that you can make the choice that suits you best. Brownstein Law is a firm that provides frequently needed personal legal services for divorce, custody, and support. We are a team of compassionate counselors who provide necessary legal advice you need. We ensure that our experienced attorneys will guide you through the process and ensure that everything is done right. To learn more about us, visit our page.
