Fundamentals of Divorce in Philadelphia
Every area has its own regulations and laws that govern how divorce procedures are handled. Living apart from your spouse doesn’t end a marriage. Instead, there is a specific procedure needed to dissolve a marriage. In Pennsylvania, there are two types of divorce: no-fault and fault-based divorce. Even further, there are two types of no-fault divorces.
No Fault Divorce Types
- Mutual Agreement. After one of the spouses goes forward and files for divorce, after 90 days pass from being served, they can file an Affidavit of Consent to expedite the process. In this process, the division of property can be handled in a Property Settlement Agreement and a few other legal papers to complete the divorce. This is the quickest and easy way to get a divorce in Pennsylvania.
- When one of the spouses doesn’t agree to a divorce, the spouses must live separately for two years at a minimum and the marriage must be irretrievably broken to divorce. However, the spouse can file the paperwork for divorce before the two years have passed so it will go through quicker once the period is over.
Cost
The filing fee is only $328.98, which can be paid with a money order. For those who cannot afford the fee, it may be waived by filing a petition to proceed In Forma Pauperis (IFP).
Do I Need a Lawyer?
Sometimes, though not often, you won’t need a lawyer. When a marriage is short lived, there is little to no property to divide, the agreement is mutual, and neither is looking for spousal support, along with not having children, a divorce can be done without seeking legal counseling. However, if even one of those factors is true, it’s time to protect your rights.
If you’re considering divorce or suspect your spouse may be considering the option, contact us online today or give us a call. At Reinherz Law, our team of divorce attorneys understand how the law works in Philadelphia and can put our years of experience to work to ensure you get the best possible outcome.