No-Fault Divorce

NO-FAULT DIVORCE



No-Fault Divorce

NO-FAULT DIVORCE. Divorce in Pennsylvania is governed by the Divorce Code, which is found at Title 23 Pa. Consolidated Statutes 3301et. seq. The FAULT section, 3301(a) is not commonly utilized anymore, since this section requires one party to prove grounds under one one of the enumerated sections and may require testimony of the parties' past conduct.

Under Section 3301(c), a NO-FAULT provision, the court may grant a divorce where it is alleged that the marriage is irretrievably broken, 90 days have elapsed from the date of filing and service, and both parties file an affidavit consenting to the divorce. The 90-day waiting period is a MINIMUM eligibility date, and the divorce is not automatically final at that date. Under section 3301(d) If the parties have been separated for more than two years, an affidavit of consent may not be necessary. In this case, the court may grant a divorce where a complaint has been filed avering that the marriage is irretrievably broken and an affidavit is filed alleging the two year separation. Court appearances are not usually necessary when requesting a No-Fault Divorce, if the parties can negotiate and resolve all the issues. MARRIAGE SETTLEMENT AGREEMENTS If you have joint property, it is oftentimes necessary to execute a marriage settlement agreement. Again, oftentimes the marriage settlement agreement by negotiation between the parties and without a court appearance.

POTTER COUNTY DIVORCE.
If both parties agree, a divorce can be filed in Potter County, which often can save the parties money in filing fees. Filings can be done through the mail. There is no hearing and the Divorce Decree will be mailed from the Prothonotary to the attorney of record several weeks after submission of all final required paperwork.

PENNSYLVANIA INITIAL NO-FAULT DIVORCE COUNTY FILING FEES with no extra counts.
(Does not include attorney fees).

PLEASE CONTACT ME TO DETERMINE YOUR EXACT FILING FEE, AS FILING FEES VARY ACCORDING TO THE NUMBER OF COUNTS INCLUDED AND HOW MANY ISSUES ARE GOING TO BE LITIGATED.

COLLABORATIVE LAW DIVORCE
A growing area of the law is Collaborative Law. Under Collaborative Law each party is represented by an attorney trained in the process. Informal 4-party conferences are scheduled to address work through concerns and the parties agree not to go to court. This option can often be less costly and stressful than a regular no-fault divorce. It provides clients with a great deal of control over their result. Collaborative Law is often an excellent option for both custody and divorce cases. I am trained in Collaborative Law. If you enter into the process, both parties will need to have attorneys with such training.

Divorce Mediation.
A growing area of the law is Collaborative Law. Under Collaborative Law each party is represented by an attorney trained in the process. Informal 4-party conferences are scheduled to address work through concerns and the parties agree not to go to court. This option can often be less costly and stressful than a regular no-fault divorce. It provides clients with a great deal of control over their result. Collaborative Law is often an excellent option for both custody and divorce cases. I am trained in Collaborative Law. If you enter into the process, both parties will need to have attorneys with such training.

Divorce Mediation

When mediation is needed, I will act as a neutral, third party to ask questions, working closely with both divorce properties. When it comes to asset distribution, custody, and other family matters, divorce remediation will allow you to transition to your new situation as smoothly and stress-free as possible.
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