For people considering filing for divorce, or who have been served with a divorce complaint, there are two primary concerns about their future: What will happen with the children and how will the financial future look. For many people in divorce, concerns about custody, property, debt and retirement assets are overwhelming. We represent clients in Harrisburg, Camp Hill, York and other communities throughout Central Pennsylvania.
Our family law attorneys are experienced divorce attorneys who apply a common-sense approach to resolving divorce disputes — not just to get you through the legal process, but for the long term. We will guide you through every step and provide you with options that will allay your worries and meet your needs.
When you turn to Tanner Law Offices, LLC, you get experienced lawyers who care and who have years of hands-on experience in courts throughout Central Pennsylvania.
We begin your case with a full evaluation to determine whether litigation or less formal settlement options are more appropriate. You can count on us for clear, honest answers and a clear plan of action regarding every issue that will arise over the course of the legal proceedings.
- Marital asset valuation, equitable division of property and debts: Including complex property issues such as business and professional practice valuation, pensions and retirement accounts, real estate holdings and stock investments
- Child custody issues and support: Including legal and physical custody, parenting plans and child support
- Spousal support: Including temporary and permanent maintenance and alimony pendente lite support during the legal process
Types of Divorce Filings in Pennsylvania
Pennsylvania law provides for fault and no-fault divorce actions. Most cases are filed as a no-fault divorce unless there are strategic reasons for filing a fault-based divorce.
Some differences between the two types of divorce include:
No-fault divorce: Either party may file and serve the other spouse with a copy of the divorce complaint, with no specific cause or “fault” required for filing. Neither party can finalize the divorce action before the 90-days waiting period has expired. After the 90-days waiting period has expired, both parties have the option of signing consent forms to enable the divorce to be finalized with the court. If one party refuses to sign the consent form in order to finalize the divorce, the party who wants the divorce to go through has to wait until the parties have been separated for a period of two years before he or she can begin to push the divorce through without the cooperation of the other party.
Fault divorce: While fault of either party during the marriage has little, if any, impact on the equitable distribution of the marital assets, if the grounds for fault exist, it can be beneficial to the filing party to file a fault-based divorce if he or she can show that he or she is the innocent and injured spouse of the marriage. If one spouse can show that the other spouse’s actions were the reason for the marriage’s failure and that the injured spouse was at no fault, then the injured spouse can push the divorce through under this ground without having to wait for the two-year separation period.
At Tanner Law Offices, LLC, in Camp Hill, we talk to people every day who have serious questions about Pennsylvania family laws relating to divorce. Many of our clients are experiencing divorce for the first time. Some questions are very basic, such as how long will the process take. Others are more complicated to answer, such as how marital property will be divided if there is a prenuptial agreement in place to protect individual assets that may have been commingled with marital assets over the years.
Frequently Asked Divorce Questions
It is understandable that people facing a serious legal matter, such as divorce, will have questions. Here are a few of the most common questions you may have. Of course, every divorce is different and you should talk to one of our lawyers to discuss the specifics of your case. Call us at 717-731-8114 or reach us by email to request a return call to schedule some time.
Will I need grounds for filing for divorce?
Pennsylvania is not a full “no-fault” divorce state. A spouse may choose to file based on the fault of the other spouse, which may include reasons such as domestic abuse, an extramarital affair, abandonment and other reasons. If the filing spouse can prove that the other spouse was at fault for the break-down of the marriage, it may be possible to end the divorce more quickly and may impact the payment of alimony.
Either spouse may also choose to file under the state’s no-fault law, which basically says the marriage has suffered a breakdown that is irretrievable, or is a result of irreconcilable differences between the parties. All marital property will be subject to valuation and equitable distribution between the parties.
I just moved to Pennsylvania. Can I file for divorce?
Current law holds that the filing spouse must be a legal resident of the state for a minimum of six months before filing in order for the courts to have jurisdiction over the divorce action.
How long should I expect the divorce to take?
Many no-fault divorces without complex marital asset disputes are resolved in five to six months, which includes the 90-day mandatory waiting period. When one of the parties will not agree to sign the documents necessary to finalize the divorce after the mandatory 90-day waiting period, the party who wants the divorce will have to wait until they have been separated for 2 years if they separated before December 5, 2016 and for one year if they separated on or after December 5, 2016.
Do I need to file a legal separation before filing for divorce?
There is nothing to file with the courts for you to be “legally separated.” Once there is a mutual understanding between the parties that the marriage is over, you are separated. Some parties find it beneficial to prepare a Separation Agreement in order to fully define the date of separation which can be beneficial in defining and valuing the marital assets. Filing a Separation Agreement can also help the parties determine who is going to pay what bills until the divorce is final.
Will I be entitled to my retirement savings?
Retirement savings accumulated during the course of your marriage, as well as any growth in the date of separation balance after the date of separation will be considered marital property and subject to the laws of equitable distribution between the parties. That does not necessarily mean they will be split down the middle. It means the value of the accounts will be open to a negotiated property settlement between the parties, which may or may not be a 50-50 split. A Qualified Domestic Relations Order (QDRO) will be drafted and approved by the courts, to ensure the retirement assets are properly distributed between the parties as part of the final agreement.
Questions About Custody?
For most divorcing couples, concerns about their children’s welfare are at the top of the list of questions. For questions you may have, please visit our Child Custody page.
Schedule A Consultation To Get To Know Us. Then Decide.
We know you are concerned about your future. We know you have questions. That is why we offer an initial consultation. We want you to feel comfortable and confident with your decisions. Call Tanner Law Offices, LLC, at 717-731-8114 or complete our online intake form.