Most couples in Montgomery County, PA, don’t go into marriage hoping that they’ll eventually split. But it can happen—even among the most lovely individuals. A divorce can be physically, emotionally, and financially demanding. From worrying about who gets what property to who gets custody, several issues that arise during the divorce process can turn even the most amiable of couples combative.
If you’re filing for divorce or facing divorce proceedings in Norristown, Pottstown, King of Prussia, Lansdale, Willow Grove, Horsham, and other cities in the Delaware Valley, you need experienced legal help. The Family Law Team at the LLF Law Firm can provide skilled legal guidance, representation, and support throughout this difficult period.
Call 888-535-3686 or fill out this contact form to discuss your case.
Understanding Divorce Proceedings in Montgomery County, PA
While divorce proceedings are pretty much similar statewide, it’s important to understand the nuances in Montco. This will help you avoid potential pitfalls that could cost you down the road. All marriage dissolution cases typically follow these steps:
- Filing a Complaint: Requires filling out two forms. First is the Notice to Defend and Claim Rights form. The second is the Verification form. These are filed at the Prothonotary’s Office located at 2 East Airy St., Norristown, PA 19401. Plaintiffs can also file electronically if they prefer.
- Service of Complaint: Once the filing is complete, the court has 30 days to serve the defendant-partner if they live in Pennsylvania and 90 days if they live outside the state. This may be done in person by a designated court official or by certified mail. Once received, the divorce action commences.
- Response to Complaint: Defendant partners are allowed to respond to Complaints by filling out necessary affidavits or by filing counterclaims if they so choose. Responses to Complaints in uncontested marriage dissolutions often include consent and/or a sworn statement confirming the marriage’s irretrievable breakdown.
- 90-Day waiting period: Once the response has been received by the court, a 90-day waiting period commences. This is designed by the court to allow for possible reconciliatory efforts. If reconciliation is impossible within the 90-day window, the case moves on to the next stage.
- Mediation or trial: Depending on the circumstances of the divorce, both parties may resort to mediation as a means of seeking equitable distribution. If both parties are unable to agree or are unsatisfied with the
- Divorce decree: The divorce action is concluded by a Divorce Decree once the court determines that all requirements have been met and both parties are satisfied with the outcome.
Whether you’re filing or on the receiving end of a divorce action in Montco, it’s best to engage the services of experienced Montgomery County divorce lawyers to help you navigate the often complex issues. The LLF Law Firm’s Family Law Team is uniquely skilled to help you throughout this process.
Divorce Filing Requirements in Montgomery County, PA
Before a dissolution of marriage action can be brought before a Montco court, certain requirements must be met. These include:
- One or both parties must have lived in Montgomery County, PA, for at least 6 months.
- Both parties must’ve been separated for at least a year.
- State acceptable reasons for the divorce
Without meeting these requirements, the plaintiff’s filing may be dismissed. This particularly applies to the separation and residency requirements. So, if either you or your partner hasn’t met those requirements, you may have to wait a while until either party has met them. If you have any questions about this, feel free to contact our Family Law Team at the LLF Law Firm.
Call 888-535-3686 or fill out this contact form to get clarification.
Types of Divorce Filings in Montgomery County, PA
In Pennsylvania, there are two main types of divorce actions:
- Uncontested divorce
- Contested divorce
Please note that fault or no-fault often has no bearing on whether the dissolution action is contested or not. For instance, if the reason for divorce is fault-based, such as in the case of adultery, the defendant can still refuse to contest the marriage dissolution if he/ she is in agreement with the terms.
While uncontested divorce cases are typically resolved quickly and without drama, contested cases can devolve into combative and bitter situations. If nothing is done to remedy the circumstances, it may result in a trial or a prolonged court case.
This is partly why some marriage dissolution cases can last as long as two years, while others take less than 6 months.
Child Custody and Support in Montgomery County Divorce Cases
If the couple has one or more children, the outcome of the divorce action may depend on both parties’ ability to reach an agreement regarding who gets the child(ren), when, and for how long. In fact, the court will factor child custody and child support into its decision-making before giving its final Divorce Decree.
This is because, above all, the court will consider the child’s best interests and well-being post-divorce. This ensures that the child enjoys considerable stability and is minimally affected by your separation. Custody-wise, the following options are available:
- Physical custody
- Legal custody
- Joint or shared custody
- Sole custody
Who gets what kind of custody depends on several considerations. These include:
- Possible history of physical and/or emotional abuse by one or both parents
- The presence of extended family in the child’s life
- Mental and physical capacity to take care of the child
- Each parent’s role in the child’s life
- Stability provided by both parents
- Each parent’s job requirements
- History of substance abuse by one or both parents
- The relationship between all children in the family
If both partners can reach a favorable custody arrangement that’s clearly in the child’s best interests without the court, the court will likely approve it. However, where both parents are unable to reach an agreement, the court will decide on the best custody arrangements.
As for child support, this invariably depends on the Pennsylvania child support guidelines, as well as other factors such as:
- Additional household income, such as investment proceeds, income from rental properties, and more.
- The child’s age, particularly if they’re considerably older and are/can earn some income.
- Extra support obligations, such as paying alimony to a former spouse.
- Marital property contributions by each spouse.
- The child’s established standard of living, including neighborhood, access to school, and other extracurricular activities.
- Each parent’s assets and liabilities, including properties, investments, vehicles, and other expenditure sources.
- Additional childcare costs, such as medical expenses not covered by health insurance.
Child custody and support hearings are often concurrently held along with the divorce proceedings. This is meant to help reduce or minimize the physical, emotional, and financial strain on the family.
Steps to Take in a Divorce Proceeding in Montgomery County
Even the most amicable no-fault uncontested divorce settlements can have technicalities that can potentially impact one or both parties negatively. For example, an error in filing a form –say Form 3301(c) instead of Form 3301(a)– can lead to a case dismissal or delays in the case.
Another example is not seeking temporary orders or special relief like spousal support or alimony pendente lite (while the case is pending) during the divorce proceedings when you need to.
This is why it’s best to simply have a lawyer handle the entire process instead of trying to represent yourself. By the way, the Montgomery County court mandates that all self-representing entities must be as capable as any practicing attorney in the state.
Whether you’re initiating a marital dissolution action or on the receiving end of one, the only step you need to take, apart from meeting all the requirements, is to let our experienced divorce attorneys handle the entire case on your behalf. This way, you’re assured of a more favorable outcome.
Factors Influencing the Outcome of a Divorce Case in Montgomery County, PA
Before a divorce settlement is reached, the court will consider a few vital elements, including:
- The length of the marital union
- Both partners’ income
- Marital property
- Debts, mortgage, and other financial commitments
If both parties can reach an agreement about these before the court does, it’s often more beneficial or satisfactory to both parties. But if the court wades in, the settlement may be a bit more lopsided or unfair, due to its equitable distribution approach. With this, properties and assets are divided fairly. This is different from equal distribution.
Get Legal Help From Experienced Montgomery County Divorce Lawyers
Marriage dissolution can be painful and difficult. But with the right help, the process can be easier, and you can walk away with a reasonable settlement.
Our Family Law Team at the LLF Law Firm can provide competent and skilled legal representation that will help ensure you get the settlement you deserve or contest the settlement on your behalf.
Call 888-535-3686 or fill out this contact form to explore your options.