Married couples in York PA, must often address a divorce without necessarily knowing what is involved. Unfortunately, as amicably as the situation is handled, legal and personal factors can hamper the smooth transition of a married couple to its separated lives.
ABOUT NO-CONTEST DIVORCES
The judicial system has a precedent for divorce proceedings in Pennsylvania. A lack of understanding of the governing principles often leads to inevitable delays in the procedures. This is one of the main elements that speak to the importance of seeking qualified attorneys, such as the team at 999PAdivorce.com
Even a lack of tension is not enough to negate the need for proper representation. Fortunately, the number of legal barriers can be reduced if both parties should agree to have an uncontested divorce.
This situation does not remove the emotional weight that can affect your judgment and ability to complete the required proceedings. Having an attorney in your corner that offers elements of counseling leads to greater comfort and a more successful outcome.
PENNSYLVANIA NO-FAULT DIVORCE LAW
The Pennsylvania divorce code provides couples with the choice of a no-fault divorce. In contrast to a contested proceeding, which is based on proof of fault, this alternative has no such requirement. There is no focus on proof of adultery, physical incapacity, abuse, etc.
This distinction is critical, as typical divorces depend on this proof to arrive at a final judgment. In the context of the no-fault statute, an irretrievable marital breakdown is the primary focus of these proceedings.
Naturally, one spouse would present the allegation and initiate the desire for a divorce, while the other is given the choice of acceptance or contesting. With consent, the uncontested divorce can properly occur.
Speed and cost effectiveness are two of the defining factors of going this route. Both parties need only wait 90 days after a preceding filed and served divorce complaint for a decree to be requested.
The legal requirement of proving separate living arrangements for at least a year is not a requirement in an uncontested divorce. This principle also greatly contributes to the speed and efficiency of the process.
Negotiating assets and other interests continues to be a requirement. The best outcome typically involves a cooperative and amicable process, but this is not guaranteed, even when both spouses have agreed to the choice of no-fault divorce.
Seth and his staff are very nice and helpful people. They are helping me through a very difficult time in my life and I'm glad to have them on my side to represent me. I highly recommend this firm.
- Shelby M.
Seth took the extra time to fully explain to me thoroughly in detail the answers to all of the questions i had. He sensed my urgency and immediately went to the courthouse to file.
- Michael B.
Before agreeing on separation of property, spousal support, child custody, etc., it is required that both parties acutely comprehend their rights and expected duties under Pennsylvania law.
Both spouses should have opted to retain an attorney and doing so tends to address this necessity. Beyond desires and strong emotions, the context of some decisions and discussions calls for proper negotiation.
Divorce attorneys help their clients to understand the underlying issues, the application of regulations, the boundaries of agreement, and more. They also facilitate a levelheaded discussion that is intended to end optimally for all parties involved.
The couples who are each willing to take wins and losses in various areas tend to spend the least time in this phase.
Only when these decisions are made can a divorce lawyer proceed with the preparation of a marital settlement agreement. This documents the specifics that govern the points of agreement that would have been reached.
Without divorce attorneys to guide this process, a judge or appointed master is going to be a massive financial constraint.
No-fault divorces tend to translate to couples being able to develop a healthy post-divorce relationship. This is especially beneficial when children are involved since co-parenting and child custody rulings can be handled more smoothly.
DOWNSIDES OF A NO-FAULT DIVORCE
Intimidation is perhaps one of the biggest hindrances to uncontested divorce proceedings. On the surface, it may appear that agreements are being reached and progress is being made. However, when decisions are taken from the standpoint of intimidation, the intended beneficial nature of the negotiation proceeding loses its integrity.
It is not uncommon for divorce attorneys to conduct sessions where suboptimal decisions are made based on fear or the desire to wrap things up quickly. Though there isn't a need to prove abuse, it could reasonably have occurred and created a fearful disposition.
Unfortunately, this can translate to the giving up of fundamental rights. Clients who find themselves on the wrong side of the intimidation fence are encouraged to defer to the opinions of the legal professionals whom they have hired.
Competent divorce lawyers know when it is time two intervene in these areas. Intimidation is one challenge, but a situation where no one wishes to back down can be just as difficult to navigate. Intentions are not always conveyed in actions, which often sees a hostile display from couples who genuinely want a smooth process.
This is as much of an emotional process as it is a legal one. That's why legal professionals who offer counseling are key to navigating such a difficult time. The nature of expectations levied on the discussion are contractual, but there is emotional difficulty associated with separating from someone who has become a part of a shared identity over a consistent period.
Again, critical needs for intervention need to be seen and acted upon by divorce attorneys to keep the demands and agreements grounded in logic. Final decisions do rest with the clients, so their receptiveness to the attorneys they have retained is also a defining factor.
PROFESSIONAL PA SERVICES
Even uncontested divorces require a lot of careful planning and decision-making to navigate effectively. At 999PAdivorce.com, clients are provided with the benefits of a team that is known for its years of expertise in divorce proceedings and requirements.
Additionally, the presence of sound and effective counseling services is paramount in reducing the emotional weight that is synonymous with a divorce.