Yes, you and your spouse can obtain a divorce without the need for a court date. To do so, however, you’ll need to pursue an uncontested divorce – or a divorce that doesn’t require the court’s intervention. Most divorces in PA are uncontested. This means that most couples find a way to negotiate the applicable terms between themselves, with the guidance of their respective divorce lawyers. Turn to our experienced Johnstown, PA, divorce attorneys at Silverman, Tokarsky & Forman, L.L.C., for the help you need.
Filing Your Divorce Papers
Uncontested divorces in Pennsylvania are no-fault cases, which means they are based on the marriage in question being irretrievably broken. If you and your spouse are in agreement on the matter of divorce, a 90-day waiting period, from the time that the non-filing spouse was served with the divorce papers, applies.
If your spouse is not in agreement with you regarding the need for a divorce, which means they don’t consent to it, there is a separation requirement before you can obtain a no-fault divorce. This involves living separate and apart for a full year before your case can proceed.
Divorce cases in Johnstown are filed with the Cambria County Prothonotary’s Office at the Cambria County Court of Common Pleas in Ebensburg, which will issue your divorce decree.
The Terms You’ll Need to Resolve
In order to keep your divorce out of court, you and your soon-to-be ex will need to successfully resolve each of the terms that apply. Toward this end, you’ll look to your practiced divorce lawyer to fiercely advocate for your rights while guiding your case smoothly forward. If any of the terms become a sticking point, mediation may be a good option.
Child Custody Arrangements
Child custody is divided into legal custody and physical custody in PA. Legal custody determines the authority to make primary decisions about matters like education, health care, extracurriculars, and religious upbringing. Physical custody, on the other hand, establishes how time with the children will be divided. Child custody is always based on the children’s best interests.
Child Support
Child support in Pennsylvania is based on a careful state calculation process that takes each parent’s income into account.
Division of Marital Assets
Marital property in a Pennsylvania divorce must be divided fairly between the spouses. This means that the specific circumstances of the marriage and divorce are taken into consideration.
Alimony
Post-divorce alimony in PA is generally rehabilitative. This means it’s designed to help the recipient obtain the education or job skills they need to become more financially independent.
Discuss Your Case with Our Experienced Johnstown Divorce Lawyers Today
Our well-respected Johnstown divorce attorneys at Silverman, Tokarsky & Forman, L.L.C., understand how important keeping your case out of court is to you, and we’ll spare no effort in terms of protecting your rights while helping to establish fair terms on your behalf. We are on your side and here to help, so please don’t hesitate to reach out for more information by contacting us online or giving our firm a call at 814-536-8600 today.
