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It not only makes an already tense situation even more fraught with anxiety, but it also requires the guidance of a skilled Pittsburgh contested divorce attorney and an investment of additional time, money, and energy for two people to go their separate ways.
Our experienced family law team at Pittsburgh Divorce & Family Law, LLC will help you understand the necessary actions to take in a contested divorce. Our dedication to every client allows you to resolve matters as quickly and efficiently as possible so you can move forward with your life. Call (412) 471-5100 to learn how Pittsburgh Divorce & Family Law, LLC can help you with your divorce in Pennsylvania.
A divorce becomes contested when spouses cannot agree on one or more issues that must be resolved before the court will sign a final decree. Some couples agree the marriage is over but disagree on the terms. Others disagree on whether the marriage should end at all. In either situation, the case shifts from a largely administrative process into a court-supervised dispute.
In Allegheny County and across Pennsylvania, the issues most often contested in a divorce include:
Even when only one of these issues is in dispute, the entire matter is treated as a contested divorce until that question is resolved. We work with clients to narrow contested issues, resolve what we can outside of court, and prepare carefully for the questions that need a judge to decide.
An irretrievable breakdown divorce is one in which one party will not consent to the divorce. One party may refuse to sign divorce papers for any number of reasons, including anger, finances, or refusal to recognize the marriage has come to an end. This lack of cooperation prevents a couple from what Pennsylvania law terms a mutual consent divorce in which both spouses agree to dissolve the marriage.
Proceeding with a divorce under irretrievable breakdown no-fault grounds requires the following:
Under 23 Pa.C.S. § 3301(d), Pennsylvania reduced the no-fault separation period from two years to one year for separations that began on or after December 5, 2016. Couples who separated before that date remain subject to the prior two-year requirement. “Separate and apart” means a complete cessation of cohabitation, which can apply even when the spouses still live in the same home.
Reaching the one-year mark does not automatically end the marriage. Pennsylvania requires filing a signed statement that verifies the date of separation, which the court then serves on the non-consenting spouse. The non-consenting spouse then has 40 days to reply.
The 40 days that follow the service of a signed statement are critical. The non-consenting spouse must deny the one-year separation or the irretrievably broken state of the marriage within that period if they still want to contest the divorce. They must also file any economic claim such as a petition for alimony or a request for property division within the 40-day timeframe. If the non-consenting spouse does nothing within that period, the court will grant the divorce decree after receiving the documents necessary to file it.
Even after the one-year separation has run, the non-consenting spouse can still prolong the matter by denying that the marriage is irretrievably broken or that the separation actually lasted a full year. This can happen despite one party’s compliance with what may feel like a never-ending list of requirements to end the marriage. When that happens, the court issues the final ruling after hearing both sides present their argument.
A judge might decide that reconciliation could still be possible after hearing each spouse, and the ruling could order marriage counseling over a period of time. If at least one spouse still wants the divorce after counseling, the case returns to the judge.
The court may waive the separation requirement for a contested divorce if one party raises and proves “fault” grounds for divorce such as adultery, desertion, cruel and barbarous treatment, indignities, bigamy, imprisonment, or insanity. Pennsylvania accepts fault grounds under 23 Pa.C.S. § 3301(a), but people rarely rely on them. Fault grounds are expensive to litigate and difficult to prove. Accelerating a contested divorce for fault reasons requires irrefutable evidence of how one spouse injured the other. Courts generally prefer no-fault grounds for divorce over fault grounds, so exceptions to the rules are possible but not the norm.
No two contested divorces follow identical timelines, but most cases handled in the Allegheny County Family Division move through several predictable stages.
The case begins when one spouse files a divorce complaint and serves the other party. The responding spouse files an answer and any counterclaims for support, alimony, custody, or property division. Either spouse can ask the court for temporary orders covering support, custody, or exclusive use of the marital residence while the case is pending.
Discovery is the formal exchange of financial and factual information between the parties. Both spouses produce tax returns, bank statements, retirement account records, business documents, and other evidence relevant to support, alimony, and equitable distribution. Interrogatories, requests for production, and subpoenas to employers, banks, and other third parties are common. In higher-asset cases or when one spouse may be hiding income or property, depositions allow the attorneys to question the other spouse and any expert witnesses under oath. Forensic accountants, business valuators, vocational evaluators, and custody evaluators are frequently retained at this stage.
Most contested divorces settle before trial. Allegheny County typically directs the parties to a settlement conference with a master or judicial officer who reviews the financial filings and helps the parties identify a reasonable range for resolution. Mediation is also common, either privately or through a court-connected program. We negotiate hard at this stage because settlement is almost always faster, less expensive, and more predictable than trial.
If the parties cannot resolve the remaining issues, the case proceeds to a non-jury trial before a judge. Pennsylvania does not use juries for divorce, custody, support, or equitable distribution matters. Each side presents witnesses, expert testimony, and documentary evidence. The judge then issues findings on equitable distribution, alimony, custody, and support. Trial is the most expensive and uncertain phase of the process, which is why our focus is on building strong leverage for settlement while preparing every contested case as if it will reach a courtroom.
A contested divorce in Pennsylvania typically takes between one and two years from filing to final decree, with complex cases sometimes running longer. The timeline depends on the one-year separation requirement under 23 Pa.C.S. § 3301(d), the complexity of asset division and custody disputes, the speed of discovery, and the Allegheny County Family Division’s hearing schedule.
An uncontested divorce is one where both spouses agree on every issue, including the grounds for divorce, custody, support, alimony, and property division. A contested divorce is any case where the spouses disagree on at least one of those issues and need the court to resolve it.
Yes. Contested divorces in Pennsylvania typically involve at least one court appearance, and usually several. Most cases include status conferences, settlement conferences, and pretrial hearings before any final hearing or trial. Even cases that settle before trial usually require attendance at conferences in Allegheny County’s Family Division.
Often, yes. Many divorces start as contested and become uncontested once the parties resolve their disputes through negotiation, mediation, or a settlement conference. Reaching agreement on the remaining issues can substantially shorten the timeline and reduce legal fees.
Pennsylvania does not require both spouses to consent to a no-fault divorce. If your spouse refuses to sign documents or respond after being properly served, you can still obtain a divorce under the irretrievable breakdown grounds in 23 Pa.C.S. § 3301(d) once the one-year separation period has elapsed. We can guide you through the procedural steps required when the other spouse will not cooperate.
A divorce can be difficult even when there is mutual agreement to end a marriage, but the process can be even more frustrating if the divorce is contested. It can make you feel like your life is on hold, no matter how hard you try to move forward.
Speaking with a Pittsburgh divorce attorney at Pittsburgh Divorce & Family Law, LLC will help you navigate the steps of dissolving your marriage. Attorney Anthony Piccirilli has the experience needed to skillfully guide you through the Pennsylvania divorce process. Contact Pittsburgh Divorce & Family Law, LLC at (412) 471-5100 for a consultation.