In Pennsylvania, the course spouses needed to take to end their marriage was made easier several decades ago by the Commonwealth’s decision to allow parties to obtain what is called a ‘no fault’ divorce. This means neither party must prove ‘fault’ of any kind by their spouse as being the cause of the divorce. The no-fault avenue is the one taken in most divorce cases and it is the easier way for couples to go about the process.
The first step in obtaining a divorce is having one party file something called a complaint, which is a document that basically just initiates the divorce process in the court system. Along with the divorce itself, any couple with significant assets to divide (i.e. real property, retirement accounts, etc.) also will have to go through the related process called equitable distribution. Both processes can be done relatively easily and efficiently and be completed in as little as 90 days, if the parties are cooperative. However, it can turn into long, drawn out and often combative processes if the parties cannot agree on some/all issues.
Why do you need an attorney?
Divorces run the gamut from simple ones, with minimal asset distribution to very complex ones involving high economic claims. There are many pitfalls to be avoided in both the simple and the complicated divorce and making sure you are not cheated out of your rightful share of all marital assets is of paramount concern to anyone going through a divorce.
Additionally, the laws governing the distribution of certain assets can be intricate and often require specialized documentation that is not withing the ability of a lay person to prepare. If you want to be assured that you have filed all of the proper paperwork, at the appropriate time and in the correct place and you want protect your right to receive your lawful share of the marital assets, you need an experienced Pennsylvania divorce attorney to properly guide you through the divorce process.
If you are read to file for divorce, have been served with divorce papers or are just contemplating separating from your spouse, please contact experienced Pennsylvania divorce attorney Geraldine Linn, Esquire, in our Pottstown office, to discuss your options and how we can assist you.