Compassionate and Well-Versed Legal Representation When You Need It Most
At Grace Legal Offices, our law firm of seasoned divorce lawyers is dedicated to guiding you through every step of the divorce process with compassion and experience. With years of experience handling a wide range of divorce cases, we understand the emotional and financial complexities involved. Our Harrisburg divorce lawyers pride themselves on offering personalized service, ensuring that each client’s unique needs and goals are met efficiently and effectively.
Our extensive background in family law practice areas allows us to navigate even the most intricate divorce settlements, including those involving child custody, asset division, and spousal support. We believe in a client-centered approach, keeping you informed and supported throughout the entire process. At Grace Legal Offices, we are committed to achieving the best possible outcomes for our clients, always with an emphasis on empathy and professionalism.
Grounds For Divorce In Pennsylvania
A divorce is one of the most stressful events a person can go through in their life. It marks the dissolution of a marriage, the division of assets, spousal support, and possibly issues of child custody. The divorce lawyers at Grace Legal have years of experience guiding clients through this emotional time. With compassion and diligence, they have been providing sound legal advice to the residents of Central Pennsylvania on all legal issues involved in a divorce. Grace Legal is dedicated to protecting your best interests.
In Pennsylvania, the divorce law permits a court to grant a dissolution of your marriage if you meet certain statutory requirements. Initially, you must qualify. That means, one or both spouses must have lived in Pennsylvania for at least the past six months. In addition, you need to meet one of the legally accepted reasons for ending the marriage.
You may have heard the terms “fault” and “no-fault” when it comes to divorce. Fault grounds apply when you’re accusing your spouse of wrongdoing, such as willful desertion, adultery, or cruelty that endangers the life or health of the injured and innocent spouse. No-fault grounds come into play when neither spouse is blaming the other for the breakdown of the marriage.
Fault vs. No-Fault Divorce
A fault divorce is one in which grounds for the divorce are alleged by one party and proven to the satisfaction of the court.
The court may grant a divorce to the innocent and injured spouse whenever it is judged that one of the below criteria is met:
Abandonment. This occurs when one spouse leaves the home without the intention of returning. It can also occur if one spouse withdraws from all marital responsibilities, such as financial support or child care. In order to divorce on the grounds of abandonment, you must prove that your spouse intended to abandon you. This involves committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years.
Adultery. A divorce on the grounds of adultery requires that one spouse has had sexual intercourse with someone other than his or her spouse. It does not require that the affair be the cause of the divorce; it need only be a contributing factor. In order to prove adultery, you will need evidence such as testimony from eyewitnesses or documentation such as emails or text messages.
Cruelty. If you have been the victim of cruel and inhuman treatment, you can divorce your spouse on those grounds. Cruel and inhuman treatment includes any physical or emotional abuse that makes it unsafe for you to continue living together. You will need to provide evidence of the abuse, such as medical records or police reports.
Bigamy. The court may grant a divorce from a spouse upon the ground that they knowingly entered into a bigamous marriage while a former marriage is still subsisting.
Incarceration. Been sentenced to imprisonment for a term of two or more years upon conviction of criminal charges. You will need to provide proof of your spouse’s incarceration, such as a copy of the prison sentence.Institutionalization. The court may grant a divorce from a spouse upon the ground that insanity or serious mental disorder has resulted in confinement in a mental institution for at least 18 months and where there is no reasonable prospect that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement of the action.
Other. Offered such indignities to the innocent and injured spouse as to render that spouse’s condition intolerable and life burdensome.
In a no-fault divorce, grounds are not necessary; it is simply a divorce that is mutually desired by both parties and filed as such.
There are two grounds for a no-fault divorce in Pennsylvania:
Mutual Consent. The court may grant a divorce where it is alleged that the marriage is “irretrievably broken.” This means the spouses can’t get along and there’s no reasonable prospect of that changing. Each spouse has to file an affidavit stating that they consent to the divorce.
One Year of Legal Separation. In this case, the person filing for the divorce (the “plaintiff”) swears in an affidavit that the marriage is “irretrievably broken” AND that the spouses have lived separate and apart for at least a year AND the other spouse (the “defendant”) doesn’t deny the claims made in the plaintiff’s affidavit. Even if the defendant’s spouse denies the claims in the affidavit, the court can still grant a divorce if, after a hearing, the court finds that the marriage is in fact irretrievably broken.
If you and your family need an advocate, contact us now
Process to Obtain a Divorce in Pennsylvania
Once you have retained legal representation from a divorce lawyer, divorce proceedings can begin. This is a legal process best handled by a family law attorney with extensive experience in divorce and family law. In order to arrive at the best solution for you, your divorce attorney will walk you through the steps, timeline, and what you can expect as your case moves forward. Much will depend on whether your case is contested or uncontested.
Uncontested divorces
In an uncontested divorce, the spouses have agreed on the essential issues that must be resolved in order to dissolve the marriage. These issues include:
Division of the marital property assets
Whether one spouse will pay spousal support
Child custody issues, if applicable, including visitation and support
Not to minimize the pain and anguish involved in dissolving a marriage through an uncontested divorce, this is the method that not only expedites the matter, but it also precludes a long drawn-out and expensive court battle.
Contested Divorces
After your divorce attorney files your complaint stating the grounds for the divorce, your spouse, through their attorneys, will file an answer to the allegations. Both spouses will be required to file with the court an Income Statement. The Income Statement sets forth detailed information about income, assets, accounts and debts.
It is imperative that each party be detailed and honest on the Income Statement. Unfortunately, this is not always the case and at times the spouse contesting the divorce may attempt to hide assets or property. If you and/or your divorce attorneys believe this is the case, then attempts will need to be made through formal discovery, investigation, depositions and other means to uncover those assets before any trial or mediation.
Pennsylvania judges and courts would prefer to help couples avoid the time and expense of a trial. If the parties involved cannot reach a settlement, the judge may require mediation to facilitate a settlement on some or all of the issues. Your divorce attorney will advise you on this process. However, if all means to resolve the dispute fail, then the divorce will continue to trial.
At trial, the judge will hear testimony from both sides, review evidence and arrive at a ruling. The judge can rule on all the outstanding issues including:
Grounds for divorce
Division of property and assets
Child custody
Child support
Visitation
Spousal support
Your family law attorneys will be by your side throughout the entire divorce case providing unyielding representation and personal attention to your unique needs. They will keep you fully informed and provide you with their assessment of the legal issues and how to protect your best interests.
If you and your family need an advocate, contact us now
Proceed with the Divorce Process on Your Own vs. Hire an Experienced Divorce Attorney
Deciding whether to manage the divorce process on your own or hire a divorce attorney is a crucial choice that can significantly impact your future. Representing yourself might seem appealing in the beginning, especially if you’re trying to save money. However, the complexities of legal procedures, documentation, and potential court appearances can be overwhelming without professional assistance. Handling everything independently requires a thorough understanding of divorce law, strong organizational skills, and the emotional fortitude to confront potentially contentious situations with your spouse.
On the other hand, hiring an experienced divorce attorney offers numerous advantages that can make the process more manageable and less stressful. A skilled attorney can provide expert guidance, ensure all legal requirements are met, and advocate for your best interests. They have the experience to negotiate effectively, helping to secure a fair settlement and protect your rights regarding property division, child custody, and support matters. While there are associated costs with retaining a lawyer, their expertise can often save you time, mitigate stress, and potentially deliver a more favorable outcome.
Take the First Step Towards Resolution Today
Don’t let the stress and uncertainty of divorce overwhelm you. At Grace Legal Offices, we are dedicated to providing the compassionate and expert legal support you need during this challenging time. Our experienced divorce lawyers in Harrisburg are ready to guide you through every step of the process, ensuring that your rights and interests are fully protected. Take action now and secure your future by scheduling an initial consultation with Grace Legal Offices.
