In the state of Pennsylvania, there are generally two kinds of divorce: no-fault and fault-based. No-fault divorces are by far the most common types of divorce, in large part because they are straightforward and simpler, and they are less expensive. In many cases, couples can accomplish a no-fault divorce without ever having to go to court other than to submit the appropriate paperwork. Alternatively, couples who pursue fault-based divorces are required to prove that their spouse is guilty of some kind of misconduct such as abuse, abandonment or adultery.  One member of a couple can object to a divorce taking place. This is called a contested divorce. Where a no-fault divorce is mutually consented to, a divorce decree can be handed down by the court within 90 days of the filing. By contrast, when a spouse does not consent to the divorce, there is a specific process that must be accommodated t prove an irretrievable breakdown of the marriage. The attorneys at Reinherz Law have extensive family law experience. If you are interested in either contesting a divorce filing that your spouse is planning or have been told by your spouse that they are going to contest your filing, we are here to help.

When it is necessary to prove the irretrievable breakdown of a marriage, one of the most important aspects is the ability to show that the couple has been living separate and apart from each other for a period of at least two years since the time that the filing took place. Though in most cases this involves living in separate households, there are some instances in which a married couple that is going through a divorce can maintain the same address and still be considered living separate and apart. In addition to meeting this requirement, most contested divorces involve extensive negotiation and mediation on issues such as child custody, who is going to maintain possession of the marital home or whether it will be sold, and the distribution of marital assets and personal finances. In the state of Pennsylvania, the issues of child custody, child support and distribution of assets are each handled in separate court proceedings unless the couple is able to come to a mutual agreement and submit a divorce document to the court for review and approval.

Divorce is almost always a challenging process, but when you are faced with a divorce that you do not consent to or a situation where your spouse does not want to give consent, it becomes even more difficult. It is essential that when you are faced with the prospect of a contested divorce, you seek legal guidance and representation from an experienced family law attorney who can help you to navigate the various steps and requirements that you will be expected to meet. The lawyers at Reinherz Law are compassionate, patient and understanding. Put our experience to work for you today.

Learn more about Contested Divorce HERE.