Bucks County Uncontested Divorce Lawyer
An Uncontested Divorce, also known as a divorce by mutual consent, is the best option in a bad situation. It is the quickest, easiest and cheapest way to get a divorce. Another benefit to an Uncontested Divorce which contributes to the lesser cost is that the divorce complaint can be filed in counties that have smaller filing fees than the counties in the Philadelphia area. There are some pitfalls, however. A Complaint in Divorce (which is commonly referred to as divorce papers) must contain specific language, and is subject to strict rules of service. The Complaint in Divorce identifies the parties and asks the court to enter a divorce decree. The specific provision of the Divorce Code under which the parties are proceeding must also be specified. Non-lawyers are held to the same rules with regard to language and service as lawyers in Pennsylvania. Additionally, there are filing deadlines which must be met.
Not every divorce can be uncontested. Just because the parties agree that a divorce is necessary does not mean that the divorce can be uncontested. If there are child custody issues or property issues, additional documents must be filed, and it is necessary to attend at least one child custody conference in order to resolve any issues that may have arisen. If any property issues are in dispute the Court requires that the dispute be heard in the county where the parties live.
Uncontested Divorce Bucks County
Another advantage of an Uncontested Divorce is the smaller amount of time required before a divorce is granted. All divorces are subject to time requirements. For instance, in an uncontested divorce, the parties must wait 90 days after the filing of the complaint before submitting Affidavits of Consent to the Court, a Notice of Intention to Request a Divorce Decree, a Praecipe to Transmit Record, and a Divorce Decree for the judge to sign. Depending on the judge, it takes about three weeks after the Waiver of Notice is filed before the Judge signs the Divorce Decree. That is the smallest amount of time required to get a divorce in Pennsylvania. The parties are subject to this timeline if they have been separated for more than two years or if the Complaint in Divorce is filed under 3301(c) of the Pennsylvania Divorce Code. If the divorce is filed under 3301(d) of the Divorce Code the parties must have lived been separate and apart for two years. This is common when one party does not actively consent to the divorce, but does not actively oppose it, or when one party have moved away and cannot be located.
This content was written on behalf of Greg Prosmushkin.