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FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE
What is a 90 day consent divorce?
What is a two-year separation divorce?
What is an uncontested divorce?
What is a contested divorce?
How much will it cost to go to trial?
Won't the spouse with the higher income have to pay the other spouse's attorney's fees?
What is discovery?
What is a Property Settlement Agreement?
What is a 90 day consent divorce? The couple must wait 90 days after the divorce complaint has been served on the defendant spouse (the one who did not file for the divorce). After the 90 days, if both husband and wife agree to the divorce, they each sign an Affidavit of Consent which is filed with the court. The court will sign the divorce decree as soon as the consents are filed and the couple has divided their property.
What is a two-year separation divorce? If one spouse will not consent to the divorce, the plaintiff (the spouse who wants the divorce) must wait until the couple has been separated for two years, unless there are fault grounds for the divorce. (Very few couples pursue fault divorces because of the added cost and the uncertainty of the result). The statute requires the couple to live "separate and apart" for the two-year period. This is possible even if they are still in the same house. The court will sign the divorce decree as soon as the plaintiff has filed an affidavit of the two-year separation and the couple has divided their property .
What is an uncontested divorce? A divorce is uncontested when the couple can agree on all the issues between them related to the divorce. These issues may include division of property and debt, parenting plans and custody, support for the children and support for a dependent spouse.
What is a contested divorce? A divorce is contested when the couple cannot agree on one or more of the issues between them. At that point, the couple must decide whether they want to explore mediation to resolve their conflict. Their other choice is to request their attorneys to schedule a trial.
How much will it cost to go to trial? There is no easy answer to this question. It depends on how much time your attorney spends preparing for your trial and presenting your case to the court. It also depends on how difficult it is for your attorney to get the information needed from the other party. Some cases also require experts to value a business or a pension, or to appraise real estate. All these things add to the cost of a litigated divorce.
Won't the spouse with the higher income have to pay the other spouse's attorney's fees? The Divorce Code gives courts in Pennsylvania the power to award counsel fees. However, counsel fee awards are rare. They occur in some cases where one party has been found in contempt for failing to obey a court order or an agreement between the parties. The court may also award counsel fees if one spouse has refused to cooperate in providing financial information (discovery).
What is discovery? Discovery is just what it sounds like–it is a formal way to obtain financial or other information from your spouse through your attorneys. Each lawyer usually requests information from the other attorney; usually they exchange this information informally and voluntarily. If one spouse won't cooperate informally, the Pennsylvania courts authorize more formal discovery and impose a penalty on the party who does not cooperate.
What is a Property Settlement Agreement? A Property Settlement Agreement is a comprehensive, written document which spells out the agreements between you and your spouse on all issues related to your divorce, including the division of property and debt, custody and parenting issues, support, transfer of title of real estate and vehicles and the rights of each spouse to pension and savings plans.
The Pennsylvania Bar Association offers a free consumer education pamphlet called "Divorce and Separation". You may request a copy by calling the PBA at (800) 932-0311,
ext. 253. You may also visit the PBA website at www.pabar.org.
See also:
Divorce
Spousal Support
Equitable Distribution
Alimony
Child Custody
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