PHILADELPHIA DIVORCE LAWYER
If a person wishes to terminate his or her marriage in Philadelphia, he or she may file for a divorce in the Philadelphia County Court of Common Pleas, which is located at 1501 Arch St, Philadelphia, PA 19102.
In Philadelphia, depending on the level of agreement of the parties involved, a divorce can either be uncontested or contested. A divorce is uncontested if it requires little intervention to dissolve the marriage as both affected parties have a mutual agreement concerning issues required to facilitate and enforce a legal dissolution. As a result, the role of a court in an uncontested divorce is minimal. The court usually comes in to enforce the arrangements set by and agreed to by both parties. The benefit of this, of course, is that a consent divorce can be concluded quickly without incurring a whole lot of expenses.
On the other hand, a contested divorce is one where there is a discord between both parties concerning various matters critical to the dissolution of a marriage. In a situation like this, the court is required to intervene to help both parties reach an agreement. However, most states require the parties involved to go through a non-legal binding mediation, which is facilitated by a neutral third party as part of the contested divorce process. This is mainly done as an attempt to help the spouses resolve their issues amicably without the need for a court. Many states require spouses to go through non-binding mediation.
Another way to look at divorce in Philadelphia is based on the grounds of wrongdoing or faults. Looking at it from this angle, a divorce can either be fault or no-fault, which is a lot different from the contested and uncontested divorce discussed earlier. An at-fault divorce results from a spouse filing for a divorce based on the grounds that the other spouse committed a wrongful act (known as an offense) against the marriage. In Philadelphia, possible grounds for filing for a fault divorce include adultery, incarceration, abandonment, and abuse.
For a no-fault divorce, there’s no blame been thrown around as the reason for divorce. In this type of divorce, no proof of wrongdoing or offense by the other spouse is needed by the spouse filing for divorce. The most common ground for filing a no-fault divorce is an irreconcilable difference.
A divorce proceeding in Philadelphia is usually simple and straightforward, especially in uncontested or no-fault divorce cases. The court legally separates the union and determines the rights & responsibilities of the divorcing parties in matters relating to spousal support (alimony), child support, child custody, and child visitation.
The court is also responsible for sharing the spousal assets between the divorcing parties, in which more often than not, a dispute arises. Division of property in Philadelphia as with any other town can be a simple or complex process depending on various factors.
To simplify your divorce process and ensure you come out with the best possible option your legal rights can afford you, you need a divorce lawyer. And not just any lawyer per se. You need a good divorce lawyer who is available, confident, honest, highly skilled at negotiation and has a successful proven track record. A divorce lawyer who is also experienced in collaborative divorce or divorce mediation can come in handy, especially when both parties agree to an alternative dispute resolution (ADR), such as negotiation, arbitration, conciliation or mediation.
Divorce lawyers who can handle child custody issues should be at the top of your list. However, if you can find divorce lawyers who are also certified as family law specialists, the better your chances of protecting your interests and resolving issues.
Whether you’re thinking about ending your marriage, or you’ve been served with a divorce petition, talking to a local divorce attorney is the first step you want to take. As this will help you to understand your legal rights and responsibilities. An experienced family law attorney in Philadelphia can help you and your family formulate a strategy based on your current situation and provide you with several options that best meet your family’s needs.
Regardless of how easy or straightforward some divorce cases can be, it’s highly recommended that you consult with a lawyer to help you draft a fair and lasting settlement agreement. And should you and your spouse find it hard to come to an agreement or have complicated legal questions, you’ll need the service of a lawyer who can explain your state’s laws to you; how it applies to your situation and what to expect if your case is taken to trial.
Look for a divorce attorney or lawyer whose expertise matches your needs. For example, if you have a child or spousal support issue, you want to make sure your attorney has handled several child or marital cases successfully in the past.
To conclude everything that has been discussed so far, look for an attorney with whom you feel comfortable with and can build a good working relationship with. As you never can tell how long you will be spending together during the process of your divorce, of which you’ll need your lawyer’s insights and legal advice to make major, life-changing decisions.