Divorce
What is the Process of Divorce in Pennsylvania?
Navigating the complex process of divorce in Pennsylvania requires an understanding of the various legal avenues available. From the no-fault option of 3301(c), where both parties consent to divorce after a period of ninety days has elapsed, to the fault-based grounds of 3301(a) which encompasses issues such as adultery or cruelty, to the one year separation required for a 3301(d) divorce, each pathway has its nuances.
At the Law Offices of Carla Trongone, we offer comprehensive guidance through every step of the divorce process, tailored to your unique circumstances. Whether you're pursuing uncontested divorce with no property to divide or a contested divorce with complex issues related to equitable distribution, our experienced attorneys are here to provide compassionate support and expert legal counsel.
Contact us today at (215) 647-6800 to schedule a consultation and take the first step towards a brighter future.
The No-Fault Divorce under 3301(c)(1)
A No-Fault Divorce (also known as a 3301 (c)(1) Divorce) provides that the parties may be divorced after 90 days have elapsed from the filing and service of the Divorce Complaint upon the alternate party.Upon the expiration of that 90 day period, if both parties sign an affidavit that states that they agree that their marriage is irretrievably broken and verifying that the requisite 90 days have elapsed, a divorce decree may be granted. Keep in mind that this divorce method requires that both parties sign a Consent affidavit, jointly requesting the entry of the divorce decree.
It is important to keep in mind that it is a rare occasion that the Decree of Divorce is obtained as soon as the 90-day period has expired.
The Consent form only establishes the basis for the divorce, but the divorce’s economic issues, such as alimony and property division, are rarely resolved within the 90-day period. The divorce decree should not be entered until everyone is satisfied that all economic and equitable distribution and alimony issues have been resolved. It is critical that each party asserts its right to property division and support. Otherwise, those rights and issues will be waived if not asserted properly and not resolved before the entry of the Divorce Decree.
The One-Year Separation Divorce under 3301(d)
There are occasions when one spouse would like to move forward and obtain a divorce, but the other party does not sign the Consent form. At that point, a divorce decree may still be obtained based on the assertion that the marriage is irretrievably broken and proof provided that the parties have lived separate and apart for one year.
If the one-year separation is established, there may still be an issue as to whether the marriage is irretrievably broken, but the one-year separation usually is sufficient proof of the irretrievable breakdown. Note that the Pennsylvania Courts have ruled that the separate and apart requirement can still be established even though the parties continue to live in the same house.
As with a 3301 (c) divorce, establishing a one-year separation and irretrievable breakdown only gives parties grounds for divorce – it does not resolve economic issues, which will be waived if not properly asserted and resolved before the divorce decree is entered.
Fault Divorce under 3301(a)
The last and least frequently used grounds for divorce is the Fault-based divorce. A party seeking a divorce on fault grounds must prove that the marriage should be dissolved because of certain, specific behavior of the other spouse. Fault grounds include, but are not limited to, desertion (without reasonable cause), adultery, bigamy, imprisonment, and cruel treatment.
A separate hearing is required so that evidence can be presented to determine whether “fault” exists. Even if a fault exists, because of the additional delay and expense involved, most individuals opt to forego this approach and obtain the divorce on one of the other two available options.
Property Division in Pennsylvania
Your Guide to Equitable Distribution
Are you facing a divorce in Pennsylvania and wondering how your property will be divided? At Trongone Law, we understand the complexities of property division in Pennsylvania divorces and are here to guide you through the process.
Equitable Distribution Explained
In Pennsylvania, marital property is subject to equitable distribution upon divorce. Equitable distribution does not necessarily mean a 50/50 split; rather, it aims to achieve a fair division based on various factors outlined in Pennsylvania law.
If the one-year separation is established, there may still be an issue as to whether the marriage is irretrievably broken, but the one-year separation usually is sufficient proof of the irretrievable breakdown.
Why Choose Us?
At the Law Offices of Carla Trongone, we prioritize your interests and strive to achieve the best possible outcome in your property division case. With our expertise in Pennsylvania family law and dedication to client satisfaction, you can trust us to navigate you through this challenging time.
Factors Considered in Equitable Distribution
Our experienced attorneys will assess your unique situation and consider the factors of Equitable Distribution under Pennsylvania Law, such as:
- Duration of the Marriage: The length of the marriage often influences how property is divided.
- Contributions to the Marriage: Financial and non-financial contributions of each spouse during the marriage are considered.
- Earning Capacities: The ability of a party to earn income, based on their education, experience and other relevant factors. Disparities in income and future financial needs of each spouse are taken into account.
- Custodial Arrangements: If children are involved, custody arrangements may impact property division.
- Assets and Debts: All marital assets and debts are evaluated, including real estate, investments, retirement accounts, and liabilities.
- Health and Age: The health and age of each spouse may affect their ability to earn income or acquire assets in the future.
- Tax Consequences: Potential tax implications of asset distribution are considered.
Get Started Today
Don't let uncertainty about property division add to the stress of your divorce. Contact us today at (215) 647-6800 to schedule a consultation and take the first step towards a fair and equitable distribution of your marital estate.
Alimony/Support
At the Law Offices of Carla Trongone, our experienced attorneys provide compassionate and effective legal counsel in matters of alimony and child support. Whether you are seeking fair spousal support or you require some assistance in obtaining child support, our team is here to guide you through the process. We understand that every family situation is unique, and we work tirelessly to ensure that our clients' financial needs are addressed with sensitivity and expertise. From negotiating favorable support agreements to advocating for your rights in court, we are committed to achieving the best possible outcome for you and your loved ones. Trust the Law Offices of Carla Trongone to provide the knowledgeable representation and personalized attention you deserve during this challenging time.
No Contest Local Divorce $1295
At the Law Offices of Carla Trongone we offer an affordable and simple divorce option for residents in Montgomery County and Bucks County, Pennsylvania who meet certain requirements.
For those couples that qualify, we offer a streamlined and straightforward option for obtaining a divorce for just $1,295, including all filing fees, and up to two hours of attorney time.
This service is tailored for couples seeking a simple 90 day “consent-based” divorce who are willing to sign all paperwork upon presentation.
Please note that this type of simple divorce does not cover alimony, spousal support, custody arrangements, property division/equitable distribution, or any other complex legal matter. However, if your situation meets our criteria and you're looking for a cost-effective solution, we're here to assist you every step of the way.
This type of divorce is only possible if both parties are in agreement and willing to sign all necessary paperwork in a timely manner upon request. In these cases, we can help you navigate the process quickly, smoothly, efficiently and economically.
To qualify for this affordable service, at least one party must be a resident of Montgomery or Bucks County. Additional requirements apply. Call us today to see if you qualify.
Whether you're ready to start the process or have questions about our services, our experienced team is here to provide guidance and support throughout your divorce journey.
Don't let the complexities of divorce drain your finances and emotions. With our simple divorce solution, you can achieve a swift and affordable resolution, allowing you to move forward with your life with peace of mind. Contact us today at (215) 647-6800 to learn more and take the first step towards a fresh start.
*A failure by either party to abide by our firm’s requirements for this special, low cost divorce, will result in additional fees and costs to be determined.
