Everyone who enters the union of marriage does so with the hope that it will last forever. Unfortunately, some marriages break down to the point where divorce is the best way forward. If there are children involved, how you dissolve your marriage can have an impact on child custody. This is especially true if you are pursuing an uncontested or no-fault divorce. Understanding these options can help you plan your children's future more effectively.
Are you a Pennsylvania parent considering divorce? Are you wondering whether an uncontested divorce or a no-fault divorce is the better option for you and your children? These decisions can be complicated, but it helps to have an experienced advocate who will protect your rights and help ensure the process is fair and impartial. Call the Family Law Team of the LLF Law Firm at 888-535-3686 or contact us online today.
No-Fault Divorces in Pennsylvania
Pennsylvania has a unique set of divorce laws in that it gives married couples several different ways to dissolve their marriage. The most time-consuming and expensive of these options is the “at-fault” or “contested” divorce. In an at-fault or contested divorce, one party blames the other for the breakdown of the marriage, and/or they can't agree on issues such as child custody and the division of assets.
However, Pennsylvania also has what is known as a “no-fault” divorce, where both sides agree that the marriage is permanently broken but do not blame the other for the issue(s) that led to the breakdown. One of the main advantages of a “no-fault” divorce is that it can be done via negotiation between the two parties (or their attorneys) and completed relatively quickly.
No-fault divorces also spare the two spouses the potential frustration and anguish that accompanies going to court and having the post-marital arrangements determined by a judge. That's because, under Pennsylvania law, no-fault divorces will not be granted unless there is an agreement between the two parties on the division of assets.
Basic Requirements of Pennsylvania No-Fault Divorces
Spouses must meet the following requirements to complete a no-fault divorce in Pennsylvania:
- Agreement between both spouses to go through with the divorce because the marriage is “irretrievably broken.”
- Agreement between both spouses on the division of marital assets and the settlement of any financial issues related to the marriage
If the two spouses can't agree on the financial issues (e.g., assets, allocation of debts, spousal support), then their no-fault divorce petition cannot be granted. It will become a contested no-fault divorce, and a judge will determine the final financial arrangements.
Child Custody and Support Arrangements in Pennsylvania No-Fault Divorces
Although there is, by definition, mutual consent between the two spouses in a no-fault divorce, it's important to realize that the mutual consent requirement only applies to financial arrangements. If a “no-fault” divorce case involves shared children between the two spouses, a family court judge will have the final say on child custody and support.
Why Do Judges Make Child Custody and Support Decisions in No-Fault Divorces?
It may seem somewhat counterintuitive that the court would accept consensus on financial issues from a divorcing couple but reserve the right to render independent judgment regarding child custody and support issues. However, the logic underpinning this requirement is rooted in care and concern for the child's best interest.
Courts recognize that divorces cause significant upheaval in the lives of the divorcing spouses and their children. With that in mind, the court endeavors to make custody and child support arrangements (s) that will create an environment conducive to the child's emotional, psychological, and educational growth.
Ideally, this will involve each parent getting equal time with the child, but that's not always the case. Family court judges rely on their experience and a deep understanding of the factors in each case to make child custody and support decisions. The idea is that this clear-eyed, child-centered approach will minimize the negative impact of the divorce and maximize the child's chances of success moving forward.
With that said, you're not powerless to impact the outcome of the child custody and support arrangements in your divorce case. The quality of your legal representation can have a positive impact on your case, and that's why your choice of attorney is so important. The LLF Law Firm offers you an experienced, empathetic legal Family Law Team with a proven track record of getting results for our clients.
What Factors Do Courts Consider When Deciding Child Custody Issues
The child's well-being is the court's primary consideration when deciding child support and custody issues in Pennsylvania no-fault divorce cases. The court will take a comprehensive view of several factors before making a custodial decision. A partial list of those factors include:
- Which spouse will be most cooperative in terms of fostering a constructive and ongoing relationship between the child and the non-custodial parent
- Which spouse has performed which parental duties for the child during the marriage (e.g., cooking, daycare, transporting them to school)
- Whether there is any history of abuse (e.g., drug, alcohol, physical, mental, emotional)
- What is the custody option that offers the child the most stability
- Which spouse is most likely to maintain a healthy, stable relationship with the child
- Which party is best suited to meet the child's everyday needs
- Has either spouse made an effort to influence the child's thinking or turn them against the other parent
- How far the spouses live from each other and other important places in the child's life (e.g., school, other family members, friends)
- The child's preference-but this factor is not so heavily weighted the court will award custody to a parent the court believes doesn't meet the criteria to be an effective custodial parent
The court reserves the right to consider any factors not listed above when making custodial decisions. Anything that potentially impacts the child's health, safety, and well-being is subject to consideration by the court. Our Family Law Team has extensive experience helping Pennsylvania parents get ideal custody arrangements. We understand the criteria family court judges examine, and we can help you make the strongest case possible for your custodial rights.
How Is Child Support Calculated in Pennsylvania Divorces?
While the court takes a holistic view of many factors in child custody decisions, child support guidelines in Pennsylvania are established by the legislature. The amount of child support you may have to pay or receive hinges heavily on the following factors:
- Where the child will reside primarily under the custody decision
- The income level of both spouses
- How many children there are
- What expenses are involved in caring for the child (e.g., health insurance, school tuition, daycare, college savings)
Once the court makes a ruling about child support, that decision cannot be altered unless there is a major change in the life of either custodial parent. Examples of a major change would include a new custodial arrangement or one parent getting (or losing) a new job that affects their income. Salary increases or deductions can also qualify as a major change.
Apart from that, Pennsylvania's support guidelines are revisited by the legislature every four years. If the legislature makes a major change to the guidelines, your support obligations or the amount of support you receive can be adjusted accordingly. Pennsylvania's child support guidelines are pre-set, but our Family Law Team can still impact this area of your case by improving your chances of being awarded sole or shared custody.
How Long Do No-Fault Divorces Take?
There is no set length of time for a no-fault divorce. Much of the time necessary to file and complete a no-fault divorce depends on how long it takes for the two divorcing spouses (and/or their attorneys) to reach a consensus on how to reach consensus on the financial issues. The process can take as little as four months; however, the timeline will likely be longer if child custody and support issues are involved.
Family courts deciding these issues will endeavor to do so as quickly as possible. With that said, the length of time necessary is contingent on several factors, including how busy the court's calendar is and the complexity of your particular case. When we take a case for you, we will use the full extent of our resources to maximize your chances of attaining a desirable outcome in terms of child custody and support issues.
Uncontested Divorces in Pennsylvania
No-fault divorces are not the only type of consensual dissolution of a marriage in Pennsylvania. You have another option, an uncontested divorce, which is also known as divorce by “mutual consent.” This is similar to the no-fault divorce but gives you more control over certain issues. Specifically, uncontested divorces allow both spouses to negotiate and agree to their own child custody and support arrangements.
Basic Requirements for Uncontested Divorces in Pennsylvania
You must meet the following requirements to qualify for an uncontested divorce in Pennsylvania:
- At least one spouse must have been a Pennsylvania resident for a minimum of six months before filing for divorce
- You and your spouse must agree that your marriage is “irretrievably broken” and file an affidavit to that effect
- You must wait a minimum of 90 days from the day your divorce petition is filed before a judge signs the final divorce decree
Both Parties Must be in Full Agreement
In no-fault divorces, the two spouses must agree on the final dissolution and allocation of marital assets and financial arrangements. However, the court still dictates custody and child support arrangements. In an uncontested divorce, the two parties must reach a consensus on the issue of child custody and child support. In that sense, an uncontested divorce gives both parties greater autonomy in shaping their life after the divorce.
Although divorce is never an easy process to navigate, an uncontested divorce is probably the least time-consuming, least expensive, and most collaborative way for a couple to dissolve their marriage. One of the most important aspects of an uncontested divorce agreement is that you understand the permanence of the financial arrangements.
If you fail to request alimony or a reallocation of marital assets as part of your uncontested divorce agreement, you cannot revisit the issue further down the road. Another thing to keep in mind in an uncontested divorce is how the asset allocation and financial arrangements can affect your child's life in the long term.
Where to File Uncontested Divorces
In a standard divorce case that doesn't involve children, you can file it in any Pennsylvania county where you and your spouse agree to file the case. Or, either party can file for divorce in the county where they live. However, Pennsylvania divorce laws have different filing requirements if children are involved. Under normal circumstances, you must file for divorce in whatever county the child has been living in for the past six months.
Representation Matters in Pennsylvania Divorce Cases
Even in a no-fault or uncontested divorce where you and your soon-to-be former spouse are ending your union amicably, complicated issues will need to be resolved. While it's possible to represent yourself in an uncontested divorce, that may not be the best solution for the long term. Once you agree to child custody support and other financial arrangements, it will be very hard to undo them.
The quality of your legal counsel will be even more important in a no-fault divorce case involving children. That's because a family court judge will make the final ruling on child custody and support. This is where having the benefit of our Family Law Team can be of real benefit. We've successfully argued cases in front of judges all over Pennsylvania, and we know how to build strong cases for our clients.
We know divorce is a trying time, but we are here to help you come out on the other side with the best deal possible. Don't take chances with your child's future or their finances. Call the Family Law Team at the LLF Law Firm at 888-535-3686 or contact us online today. You deserve quality representation, and so does your child. We are here to make a positive impact at a difficult time in your life.
