Qualifying For An Uncontested Or Mutual Consent Divorce
Sometimes referred to as a mutual consent divorce, an uncontested divorce is possible when both people are able to agree to divorce terms they mutually create. Each state has its own rules about uncontested divorce. To learn about what options you have available if you are moving toward a divorce in Pennsylvania, connect with a Bucks County family attorney.
Parental Issues and Financial Agreements
The following factors must be in place in order to qualify for an uncontested divorce in the state of Pennsylvania.
- The two individuals pursuing the divorce reside in Pennsylvania and have been residents for at least six months prior to filing for divorce.
- Both spouses agree that the marriage is irretrievably broken and they agree to the divorce terms outlined.
- The spouses will sign an affidavit that consents to the divorce.
While this may initially seem simple, agreeing to divorce terms can be complicated. If there is a lot of property that needs to be divided or if one of the parties is seeking spousal support, compromise may be required. Your attorney can advocate for you and fight for the terms you want, from asset division to child custody arrangements.
Once your attorney reviews your situation, they will inform you if you meet the requirements for an uncontested divorce in Pennsylvania and if it is the best path forward for your unique circumstance. Then, divorce paperwork will need to be filled out and filed. From there, a spouse will be served within a month, technically 30 days, of the divorce paperwork filing and the person then signs a verification form.
Once the acceptance of service and the verification forms are signed, there will be a pause of 90 days followed by spouses submitting final decrees. The process of an uncontested divorce can be completed with or without an attorney. That said, hiring a Bucks County family attorney means you will have expertise on your side to guide you through the process and protect your rights. Making sure your divorce agreement is a well-crafted document will help you to avoid future conflicts.
Mediation for Particular Issues
Naturally, there are situations in which certain aspects of an agreement are more complicated. In these situations, mediation for a specific issue could be pursued prior to landing on a completed uncontested agreement. For example, if you and your spouse are having trouble agreeing on asset and property division, a mediation session could produce solutions. Then, the uncontested divorce process could be pursued.
Do you want to learn more about uncontested divorce and determine if it is the right option for you? Pennsylvania and New Jersey each have specific laws and guidelines to follow when it comes to family law. Connect with the compassionate and aggressive legal team at Kardos, Rickles & Hand to learn more about what is possible for you. Once our attorneys understand your objectives, we will inform you of the pros and cons of uncontested agreements, mediation, and litigation. To begin your successful lawyer-client relationship, call 215-968-6602.