Divorce is a difficult time, and even the most amicable divorce can involve complex issues of property division and child custody. It is vital to remember that there are legal strategies that can help put you in a better position to proceed. The most important strategy is to hire an experienced attorney with a good understanding of Pennsylvania law.
If you are going through a divorce in Bucks County, the LLF Law Firm Family Law Team can guide you through the process. Call 888-535-3686 or fill out our contact form.
The Divorce Process in Pennsylvania
To divorce in Pennsylvania, one spouse must have lived in the state for at least 6 months immediately before filing. To divorce in Bucks County, one spouse must currently live in Bucks County, or both parties must agree to divorce in the County. There is no requirement that one spouse have lived in the County for any length of time: if you have lived in Pennsylvania for 6 months and Bucks County for one day, you can divorce in Bucks County. Sometimes, there is some disagreement between the spouses as to just when one party began living in the state, so it is a good idea to start documenting your move to Pennsylvania if you plan to divorce. Divorce issues in Bucks County are handled by the Court of Common Pleas, Family Court.
Divorce law has changed in Pennsylvania in recent years to reflect more modern notions of divorce and co-parenting. While the traditional law of divorce centered around punishing a spouse who was at fault for the divorce, today, the focus is on a fair division of assets. Most people divorce under a “No-Fault” rather than a “Fault-Based” divorce, but “Fault-Based” divorce is still available.
To make good decisions for your situation, it is vital to understand what types of divorce are possible.
No-Fault Divorce
No-fault divorce is the most uncomplicated and straightforward divorce in Pennsylvania. It can be by mutual consent (where both parties agree to the divorce) or by a one-year separation.
Mutual Consent Divorce
If both parties agree to the divorce, a mutual consent divorce is available. After one spouse files the divorce petition, the parties must wait 90 days. After 90 days, the other spouse will file an Affidavit of Consent. During the waiting period, the parties can hopefully agree on property or custody issues and can prepare paperwork. If the parties agree to divorce but cannot agree on the division of property or a parenting plan, the judge will decide those issues. A divorce by mutual consent can happen quickly and is very cost-effective. Rather than spending money disagreeing, the parties can preserve assets and goodwill. However, such a divorce is not possible if one party is fighting the divorce. In that case, the divorce will occur after a separation period.
Unilateral Divorce (One-Year Separation Divorce)
If one spouse fights the divorce, and the parties still opt for a no-fault divorce, it will typically proceed after a one-year separation. After this one-year period, one spouse may argue that the marriage has irretrievably broken down. So, this type of divorce is still a no-fault divorce, even though one party does not wish for the divorce to happen. The process moves more slowly when the parties do not agree, but if they disagree with the divorce, the divorce can still be no-fault. However, many people need a year to agree on terms and prepare.
It’s important to note that although the divorce will not be granted until the parties have lived apart for one year, this does not mean you must delay filing. A unilateral divorce may be filed in Bucks County anytime the jurisdictional requirements are met. The parties can then spend the one-year separation negotiating and coming to agreements and getting the wheels of the divorce in motion. The LLF Law Firm can advise the couple on making this unilateral divorce work if they disagree on who will stay in the marital residence. Call us, and the divorce process can start immediately, even if finalization is months off.
Fault-Based Divorce
It surprises some people to learn that fault-based divorce still exists in Pennsylvania, although it is rarely used. Under a no-fault law, one spouse must prove that the other spouse has engaged in conduct that justifies the divorce. This kind of conduct includes adultery, cruelty, abandonment, institutionalization, or incarceration. The party alleging the grounds must prove they were not guilty of misconduct. For this reason, fault-based divorce will often involve accusations made by both parties against the other. This type of divorce is messy and mean, and it is expensive. But in some instances, a party may have no choice. Contact the LLF Law Firm to discuss the type of divorce that suits your situation.
Divorce in Bucks County
In Bucks County, divorce issues are heard by the Family Court, which is part of the Court of Common Pleas. The Domestic Relations Division, located at 100 North Main Street, Doylestown, PA 18901, hears child custody issues.
Property Division in Pennsylvania
Every divorce involves some division of marital property. This “marital property” may be as straightforward as a house or car, or it may be funds in a 401K or the value of a business or profession. Whatever the property at issue, you will need to put a value on the property and divide all marital property with your ex-spouse. This can be a complex process, particularly if it involves items with a substantial sentimental or personal value. A couple may even disagree on who gets the family pet, which is legally considered property. Even if an asset is owned or inherited by one party before marriage, the increase in value of that asset during the marriage becomes marital property. So, while you may believe that you can divide property fairly, the process is often too complex to be fully solved by the parties, especially if both want a particular asset.
In Pennsylvania, marital property is subject to “equitable distribution,” which means that the division of assets must be fair. This does not mean the division must be equal. It means that the division of property must be fair.
What Makes Division of Property “Fair”
To arrive at a fair distribution of marital assets, the court may look to the following:
- How long the parties were married.
- Whether each spouse is healthy.
- Whether each spouse is employable and for what amount.
- The current incomes of the parties.
- Whether one spouse contributed to the other spouse’s training or education.
- Whether property is set aside for one spouse, and the value of this property.
- Whether one spouse is the primary custodian of minor children.
The court may consider any of the above factors in determining how to divide property. However, it may not consider the fault of a party, such as an affair. The court may consider whether an ex-spouse contributed to the success of the other or whether they are the primary caregivers of the children.
Child Custody and Divorce
No other issue creates more conflict between divorcing couples than child custody. To complicate matters, the court may consider child custody arrangements in determining property division, such as which party will keep the marital residence. It is usually in the kids’ best interests that the parents agree, but this is not always possible. Sometimes, serious issues of addiction or abuse prevent the parties from agreeing on custody. At other times, accusations of abuse are false and used as a tool to secure an advantage. In any of these situations, you can turn to your experienced divorce attorney to help you decide on the best course of action.
Ultimately, the court will decide custody issues if the parties cannot agree. The court will use the “best interest of the child” as a guiding standard. The court may consider the following factors to determine the child’s best interests, including
- Whether each parent is stable enough to provide a home
- Which party will encourage a relationship between the children and the other party?
- Whether each parent has been involved with the children and has voluntarily assumed parenting duties.
- Whether either party has attempted to alienate the children from the other parent.
- Any history of violence or substance abuse by either parent.
Child custody complaints may be filed in the Domestic Relations Division of the Bucks County Court of Common Pleas.
Protection from Abuse (PFA) and Divorce
While any divorce is complicated, divorces that deal with domestic violence or threats can be particularly challenging. For abuse victims, a Protection from Abuse (PFA) order can provide protection. For those accused of abuse, a PFA order can have a significant negative impact on child custody issues and must be addressed. In Pennsylvania, PFAs are available to spouses in divorce proceedings or custody matters. To file a PFA in Bucks County, visit the Domestic Relations Division at the Bucks County Court of Common Pleas.
The LLF Family Law Team Can Help with Your Divorce in Bucks County
The LLF Law Firm Family Law Team can provide tough and fair legal assistance in your Bucks County divorce. Whether your divorce is straightforward or contested, or whether there are allegations of abuse, we can help. We can also help you navigate the PFA process and provide essential protection. We are committed to securing the best result for you and your family. Call 888-535-3686 or fill out our contact form, and we will contact you.