Divorce Court Process
The Pennsylvania divorce court process can be extremely complex, including multiple hearings and extensive legal documentation.
The simple truth is that going through a divorce is hard on the people involved and many couples have trouble coping with the aftermath of a painful breakup. Your separation might be occurring for any number of reasons, which can make the process of filing for divorce that much more confusing. Both spouses may struggle to get along, and joint participation in a lengthy legal process might only make relations worse.
In these trying times, it’s important to remember you are not alone. At Pittsburgh Divorce & Family Law, LLC, we understand how stressful these situations can be. Trust the skill and experience of Pittsburgh divorce lawyer Anthony Piccirilli to guide you through the process, ensuring that your case reaches the best possible outcome.
Call (412) 471-5100 now to see you can get through your divorce and move on with your life.
Filing for Divorce
There are two parties involved in any divorce case. The plaintiff is the individual seeking the divorce, whereas the other spouse is known as the respondent. The first step in getting a divorce is filing a complaint, otherwise known as a petition, with a local court. Only one individual is allowed to file a complaint, even if both agree to the separation. Additionally, certain conditions must be met for the request to be approved by a judge. More specifically, the spouse filing for divorce must have lived in Pennsylvania for at least six months if the request is to be approved.
The legal aspects of filing for a divorce depend heavily on the surrounding circumstances. The factor that most strongly impacts divorce proceedings is whether or not both spouses agree that the divorce is necessary. In Pennsylvania, the three types of divorce include:
- A divorce by mutual consent, in which both spouses agree that a divorce is the only course of action
- A divorce that involves only one spouse filing a petition
- A divorce of fault, in which one spouse is blamed for the separation
Going Through the Process
In some cases, the decision to file for divorce is unanimous. If both spouses agree that the marriage cannot continue, they may choose to get divorced by mutual consent. As with any case, one spouse must file a complaint to request the divorce. From there, each spouse must explain why the separation is taking place. This explanation often includes reasons for why the marriage is irretrievably broken. The court needs to hear that there is nothing that can be done to save the relationship before they can break the bonds of marriage. This type of divorce is often called no-fault, as neither party is solely responsible for the relationship ending.
If the respondent spouse is not cooperating with the divorce request, the plaintiff spouse may be able to file a petition on their own. According to Pennsylvania law, one spouse may file for divorce in opposition of the other spouse if the couple has lived apart for at least two years. If the complaint is approved, the plaintiff spouse must prove that the divorce is warranted. Similarly to a mutual consent divorce, the spouse trying to end the relationship must submit a statement explaining why the marriage is irretrievably broken. The third and final type of divorce involve one spouse causing the marriage to fail. Here, the plaintiff spouse must prove that problems, or grounds, exist to justify the divorce. This type of divorce might occur when one spouse has cheated, deserted their family, or abused the other spouse.
Let Anthony Piccirilli Fight for You
There is no doubt that a divorce can disrupt everything you have worked hard to establish. If you are a parent, you may be worried about how the relationship with your children will be affected. It might also be the case that you do not get along with your spouse. This can make the idea of agreeing on divorce terms seem all but impossible.
Pittsburgh divorce lawyer Anthony Piccirilli at Pittsburgh Divorce & Family Law, LLC realizes that going through a legal separation can cause mental and emotional damage. He will be with every step of the way and can help you arrive at an agreement that is mutually beneficial.
Call (412) 471-5100 today to see how you can get through your divorce as quickly as possible.