Understanding Uncontested Divorces in Pennsylvania
In Pennsylvania, an uncontested divorce occurs when both spouses agree to the essential elements of a divorce. It is also called a mutual consent divorce or a “no fault” divorce. In this situation, both spouses agree to part and dissolve their marriage and fill out the necessary paperwork. An uncontested divorce can significantly shorten the amount of time it takes to finalize your divorce. It is also significantly cheaper than other forms of contested divorce which can take years to hammer out all the details. In this article, the Philadelphia uncontested divorce lawyers at the Law Offices of Lauren H. Kane will discuss uncontested divorces and answer some frequently asked questions concerning them.
What paperwork do I need to file to pursue an uncontested divorce in Pennsylvania?
Some of the paperwork you will need to file with the court includes:
- Civil Cover Sheet – This document identifies the parties and the type of legal action being taken; in this case, it would be a divorce.
- Notice to Defend Claim and Rights – This document asserts your right to defend yourself from the divorce proceeding. If you fail to fill out this document, the case may proceed without you and the court will enter a judgment against you and a decree of divorce or annulment may be entered against you.
- Complaint in Divorce – This document identifies the involved parties and their main reason for pursuing a divorce.
- Affidavit – This document is a sworn statement that certifies the truth of the pleadings subject to the divorce.
- Court of Common Pleas Intake Form – This document gathers information that is pertinent to the divorce.
- Domestic Relations Income and Expense Statement – This document outlines both parties’ income and expenses including employment, retirement accounts, insurance, and more.
- Notice of File of Social Security Numbers
How do I get an uncontested divorce in Pennsylvania?
While it’s not recommended, you can pursue an uncontested divorce without the help of a Pennsylvania divorce attorney. There are several discrete steps one must take to pursue an uncontested divorce. These include:
- Filing the complaint by filling out the necessary legal paperwork mentioned above
- Notifying your spouse by sending them a copy of the legal paperwork
- Discussing the terms of the marital settlement (which includes property distribution, alimony, child custody, and child support) with or without the help of a divorce mediator
- Agreeing to the terms of the divorce by signing a consent form
- Finalizing the divorce by filling out a form called the Praecipe to Transmit record and then having a judge review and finalize the terms of the divorce
Mediation and uncontested divorces
An uncontested divorce does not necessarily mean that all of your issues are resolved when you begin the divorce process. A divorce mediator can be especially helpful in hammering out issues related to the divorce including elements such as property division, alimony, child custody and visitation, and child support. Those who agree to divorce but still have issues related to how the divorce will be settled can enlist the aid of a skilled divorce mediator.
Talk to a Philadelphia Divorce Attorney Today
The Law Offices of Lauren H. Kane represent the interests of Philadelphia residents who are pursuing a divorce. Call our office today to schedule an appointment, and we can begin discussing your divorce right away.
