Getting a divorce can be an emotionally difficult, time-consuming, expensive process. While the State of Pennsylvania allows divorcing spouses to represent themselves in court, you may want the services of a PA divorce lawyer. Finding PA divorce lawyers to represent you in court can make the difference between getting the divorce settlement you want and being left empty-handed. A Pennsylvania divorce lawyer can give you legal advice and information about your divorce and help you to make informed legal decisions in spite of the confusing way the law can be written.
Fault or No Fault: Let a PA Divorce Lawyer Guide Your Decision
Prior to 1980, Pennsylvania divorce lawyers could only seek divorce proceedings for spouses who could prove that the other spouse was “at fault.” This means that a divorce could only be sought by a PA divorce lawyer if a spouse had behaved in a way that would injure the other spouse, like being adulterous or bigamous, or endangering the other spouse's life or health.
Today's Pennsylvania divorce lawyers usually work with “no fault” divorce, a kind of divorce that allows your Pennsylvania divorce lawyer to initiate divorce proceedings regardless of whether your spouse has behaved in a way that injured you. PA divorce lawyers can help you file no fault paperwork whether your divorce is simple or complex.
If both spouses can agree to a divorce on the no-fault grounds of “irretrievable breakdown,” PA divorce lawyers can begin work on a divorce even without a period of separation. If you wish to divorce but your spouse does not, a PA divorce lawyer can only initiate a divorce on “fault” grounds for the first two years you are separated. After two years of separation, Pennsylvania divorce lawyers can begin the work of dissolving your marriage legally.
You may be wondering if divorcing on “fault” grounds can help your Pennsylvania divorce lawyer to secure a better division of property or child custody arrangements. While it may seem logical that an injured spouse should receive better treatment in a divorce, experienced PA divorce lawyers can tell you that Pennsylvania courts cannot take marital misconduct into account when dividing property. A Pennsylvania divorce lawyer can advise you on whether you would be best off seeking a divorce on fault or no-fault grounds if you can prove fault.
Pennsylvania Divorce Lawyers Give You Options
If your spouse will not agree to a divorce and will not initiate a separation, you may still have options that a Pennsylvania divorce lawyer can discuss with you to help you file for divorce. If your spouse has been cruel to you in your own home, for instance, Pennsylvania divorce lawyers can discuss the possibility of filing for divorce under the “fault” grounds of constructive desertion.
If you have been made suicidal because of your spouse, you can talk to PA divorce lawyers about the possibility of abandoning your home and essentially saying that your spouse had already deserted the marriage emotionally, a fault ground for divorce called “constructive desertion.” However, consulting a PA divorce lawyer is a good idea if you are thinking of using this tactic, because you will want thorough documentation and advice.
PA divorce lawyers can help you through this tricky situation in a way most likely to get you out of a bad home environment quickly. Your Pennsylvania divorce lawyer can also help you to find services that can help you in a domestic violence situation.
Can A PA Divorce Lawyer Help Me Keep My Home?
One of the biggest reasons people hire a Pennsylvania divorce lawyer is to help them negotiate the best possible division of marital property. Your PA divorce lawyer can advise you what your legal rights are and help you organize your priorities for keeping the marital property that means the most to you. Having PA divorce a lawyer helping you to negotiate also keeps you out of potentially emotionally difficult arguments with your spouse and can help you to keep personal distance between yourself and your spouse.
One of the biggest reasons to use a PA divorce lawyer is that the divisions of property statutes are complex and confusing. Judges consider many factors, from the length of your marriage to the monetary value of your services as a parent, when concluding how to divide property. Your Pennsylvania divorce lawyer can help you by showing the judge the factors that help you the most, while minimizing factors that might hurt you. PA divorce lawyers are experienced in negotiating the best possible division of property for their clients.
It is important to remember that Pennsylvania divorce lawyers are working for you. If you want for your Pennsylvania divorce lawyer to handle your divorce aggressively, you can ask for this. If you prefer PA divorce lawyers to be gentler with your spouse, and are willing to give up some property in the name of an amicable divorce, you can discuss those options with your PA divorce lawyers. In the end, while Pennsylvania divorce lawyers can advise and inform you, they can never make your legal decisions for you. Pennsylvania divorce lawyers are there as your legal counsel, not your boss.
What about alimony?
Alimony is another area in which Pennsylvania divorce lawyers can help divorcing spouses. The state of Pennsylvania assigns alimony (or “spousal support”) only when it is seen as necessary—which can be difficult to prove without the services of a Pennsylvania divorce lawyer. In order to determine whether it is necessary, judges look at many factors, which means that it is useful to have a PA divorce lawyer to highlight the parts of your case most favorable to your desired outcome. A Pennsylvania divorce lawyer can help you have the best alimony settlement possible for your situation, and Pennsylvania divorce lawyers can ensure that you are aware of all your options for seeking spousal support.
Can My PA Divorce Lawyer Help Me Keep My Kids?
One of the most difficult issues for divorcing spouses to handle is child custody. Pennsylvania divorce lawyers are trained professionals who can help you to negotiate during this difficult time. Child custody cases depend entirely on what the court views as being in the best interests of your child or children, so hiring PA divorce lawyers to negotiate your custody arrangement can help you to see your child more often.
Your Pennsylvania divorce lawyer can also advise you as to your full range of custody options, including sole custody and joint custody, and help you find the custody option that will work best for you, your spouse, and your children. Pennsylvania divorce lawyers are used to negotiating tough child custody disputes, and having a trained PA divorce lawyer in your corner means being able to negotiate from a position of power. Consulting with a PA divorce lawyer to learn your options may make a difference in your life and the life of your children.
