In 2025, Pennsylvania was home to nearly 27,000 divorces and annulments. While making the decision to get a divorce is never easy, for some couples and families, it is the best decision. Understanding the type of legal process you are about to undergo is key to protecting your rights. If you are considering divorce, do not hesitate to speak with one of our Johnstown, PA, divorce lawyers at Silverman Tokarsky & Forman, L.L.C.
What is a Contested Divorce?
While collaborating with your partner during the divorce process can make a challenging process slightly more bearable, it is not always possible. If you and your spouse cannot come to terms on dividing marital property, child support, alimony, or other legal or financial matters, then you will need to file for a contested divorce.
Even if you have a contested divorce, you and your spouse must be living separate and apart for at least one year and must establish that the marriage is irretrievably broken. When both parties consent that the marriage is irretrievably broken, this is known as a “no-fault” divorce.
Contested Divorce Process
The contested divorce process begins by filing a complaint in the county where you or your spouse lives. However, at least one of the spouses must have resided in the state for at least six months before beginning the process. If your spouse refuses to consent to divorce and/or refuses to sign financial paperwork, a Divorce Master will be appointed to your case (in whichever county you filed the Complaint).
The Divorce Master will review the evidence in your case and make recommendations to the court requiring the division of marital property and other major issues. Given these intricacies, a contested divorce can take two years or more to finalize.
However, spouses can bypass the one-year separation requirement by filing a contested divorce on fault grounds. The law lists the grounds for divorce recognized by the Commonwealth, which include:
- Abandonment for at least one year
- Adultery
- Cruel and barbarous treatment
- Bigamy
- Imprisonment of two years or more for any crime
- Indignities and cruel treatment that endangered the plaintiff’s life or safety
Although this is not technically a “fault” ground, the court is likely to grant a divorce if a spouse was institutionalized due to mental health reasons. This applies in situations in which the defendant has been institutionalized for a mental health condition for at least 18 months before divorce proceedings begin and will likely remain institutionalized for the next 18 months. Determining the length of confinement will be based on a CEP’s assessment supported by a physician’s statement.
If you are planning to file for divorce on “fault” grounds, then you will need to collect information that supports your claim. For instance, if you claim infidelity, then you will need to present e-mails, texts, or other communications that highlight extramarital relations. This is where the assistance of our experienced Johnstown, PA, divorce attorneys can prove invaluable.
What is an Uncontested Divorce?
If you and your spouse agree on most issues, then you can opt to get an uncontested divorce. Like a contested divorce, you or your spouse must live in the state for at least six months before filing. An uncontested divorce is less time-consuming and costly, but it is not the right path if you have any disagreements on major issues. In an uncontested divorce, couples must wait a requisite 90 days after filing the Complaint before entering the final divorce decree.
An uncontested divorce involves no pre-trial stages, such as discovery or pre-trial motions. This will save extensive time, with many uncontested divorces settling fairly quickly. If you and your spouse want an uncontested divorce but cannot come to an agreement on any issues, you may consider participating in mediation before filing.
This process is less stressful and not nearly as expensive as litigation, with a mediator helping you and your spouse reach a resolution, while your attorneys provide legal guidance. If you would like to discuss mediation or any alternative dispute resolution further, you should reach out to our legal team.
Contact Our Johnstown, PA, Divorce Attorneys
If you have reached a point in your marriage where you are ready to call it quits, having legal guidance can help you make informed decisions. Silverman Tokarsky & Forman can help you remain focused on what is important as you transition to a new stage in life. To arrange your consultation with one of our Johnstown, PA, divorce lawyers, contact us online or by calling (814) 536-8600 at your earliest opportunity.
