What to Expect During the Divorce Process: A Step-by-Step Guide
Starting a divorce is often the hardest part. Once you understand what happens, step by step, the process becomes easier to manage, even when the situation itself is difficult. Here’s what to expect if you’re filing for divorce in Harrisburg or elsewhere in Dauphin County. It is always best to have the guidance of a divorce attorney, and in Harrisburg, Tanner Law Offices, LLC, can help.
Step 1: Establishing Grounds
Pennsylvania allows both fault and no-fault divorce. Most couples file under the no-fault ground, either by mutual consent after a required waiting period or by showing the marriage is irretrievably broken. Fault grounds, such as adultery or abandonment, are available but used far less often, since proving fault takes additional time and evidence without necessarily changing the financial outcome.
Step 2: Filing the Complaint
The divorce process officially begins when one spouse files a divorce complaint with the Dauphin County Court of Common Pleas in Harrisburg. This document identifies the grounds for divorce and notifies the court that the marriage needs to be legally resolved.
Step 3: Serving Your Spouse
After filing, the complaint must be formally served on the other spouse, giving them official notice of the case and the opportunity to respond.
Step 4: Waiting Period and Consent
For a mutual consent no-fault divorce, both spouses must file consent affidavits after the required waiting period has passed. If one spouse doesn’t cooperate, the case may need to proceed on different grounds or move through a longer contested process.
Step 5: Resolving Property, Support, and Custody
This stage is often the most involved part of a divorce. Pennsylvania divides marital property under equitable distribution, meaning a fair division based on factors like the length of the marriage and each spouse’s contributions and needs, not necessarily an even split. If children are involved, custody and child support are addressed separately, and spousal support or alimony may also come into play depending on the circumstances.
Step 6: Negotiation or Litigation
Many of these financial and custody issues get resolved through negotiation between the spouses, sometimes with the help of mediation. When spouses can’t agree, the matter goes before a judge, who will decide the disputed issues based on the evidence presented.
Step 7: Finalizing the Divorce
Once grounds are established and all related issues are resolved, either through agreement or a court decision, the court enters a final divorce decree, legally ending the marriage.
How Long Does It Take?
An uncontested divorce with a straightforward agreement can move relatively quickly. A contested case involving disputes over property, support, or custody takes considerably longer, since it requires the additional steps of negotiation, hearings, or trial.
Talk to Our Divorce Lawyers at Tanner Law Offices
Every divorce moves at its own pace, depending on how much you and your spouse agree on from the start. Tanner Law Offices guides clients throughout Harrisburg and Dauphin County through each stage of the divorce process, from the first filing to the final decree. Call 717-731-8114 or reach out online to schedule a consultation.