If you want to end your marriage in Philadelphia, you can file a divorce petition in the Philadelphia County Court of Common Pleas. Located at 1501 Arch St, Philadelphia, PA 19102, the court operates on regular business days from 8:30 am to 4:15 pm.
Uncontested and Contested Divorces
Uncontested Divorce
In an uncontested divorce, both spouses agree to legally dissolve their marriage. Since there is already mutual consent on issues like property division and support, the court’s role is primarily to approve what the spouses have decided. This type of divorce is generally more affordable and takes less time to finalize.
Contested Divorce
A contested divorce occurs when the spouses disagree on how to end their marriage or handle related matters. In this situation, the court becomes more involved. One requirement is non-binding mediation, where a neutral third party helps the couple attempt to settle their disputes. If this communication is successful, it can lead to finalizing the divorce without a full trial.
Fault and No-Fault Divorces
In Philadelphia, a divorce may also be classified as either fault or no-fault:
- At-Fault: One spouse alleges the other spouse committed wrongful acts such as adultery, abuse, or abandonment. In some states, these grounds are not considered, but Pennsylvania allows at-fault divorces under certain conditions.
- No-Fault: Neither spouse is blamed. Instead, the marriage is ended due to irreconcilable differences or other non-punitive reasons.
What the Court Decides
During a Philadelphia divorce proceeding, the court will:
- Legally terminate the marriage
- Determine the rights and responsibilities related to child custody, visitation, child support, and spousal support (alimony)
- Divide the marital assets
Property division can range from straightforward to highly complex, and disputes often arise if both spouses cannot agree on how to split their assets.
The Value of a Knowledgeable Divorce Attorney
An experienced Philadelphia divorce lawyer helps reduce the stress associated with the divorce process, guiding you through each step and ensuring informed decisions. If both spouses prefer an alternative dispute resolution (ADR) method, such as mediation or arbitration, having a lawyer who understands these processes is invaluable.
Many Philadelphia divorce attorneys are also prepared to handle child custody matters and may be certified family law specialists. When searching for legal counsel, consider attorneys with a proven record of effectively managing divorce cases. They will assess your circumstances, advise you of your options, and stand by you through negotiations or court proceedings.
Should you and your spouse be able to agree on most aspects of your divorce, an attorney can still verify that all terms are fair and protect your legal rights. It is wise to choose someone who will support you throughout the process and help you make the best possible decisions for your future.
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