Westmoreland County, PA Divorce Attorneys
Each state has its own unique divorce laws. If you are considering divorcing your spouse -- or suspect your spouse may be doing the same -- you should familiarize yourself with the laws in Pennsylvania so you don't find yourself unprepared or taken by surprise.
Although you can get a divorce without a lawyer, it's unadvisable in the vast majority of cases. Because of the complex paperwork involved, as well as issues like asset division and agreements involving any children, you should consult with the Westmoreland County, PA divorce attorneys at DeRiso Law Group to ensure the best possible outcome.
Pennsylvania Divorce Basics
Before filing for divorce, your lawyer will explain the ins and outs of marriage dissolution. However, we've put together a brief overview of the fundamentals.
Residency Requirements. To file for divorce, you must meet certain residency requirements.
- At least one spouse must be a resident of the state for at least six months prior to filing.
- Divorce filing must be occur in the county where one spouse resides, such as Westmoreland County, or if six months have passed after legal separation, where either spouse resides.
Sometimes residency requirements can be difficult to determine if either spouse has moved. Consult with your attorney to ensure you meet the proper requirements.
Grounds for Filing. You must have grounds on which to file for divorce. These are as follows:
- No fault: The divorce is by mutual consent, irretrievably broken, and 90 days have elapsed since the marriage. Or, the marriage is in irretrievable breakdown, where the spouses have been living apart for at least two years.
- Fault: Fault includes willful and malicious and desertion for at least a year, cruel treatment, adultery, knowingly entering into a bigamous marriage, imprisonment for two or more years, inflicting indignity upon a spouse as to render life intolerable.
Property Division. If you and your spouse can't agree on division of mutual property, the court will decide for you. Using an equitable distribution model, assets and property are divided equitably -- but not 50/50 -- in a way the court deems fair. Courts consider the following factors in their decision:
- Length of the marriage
- Contribution to education, training, or earning power by one spouse to the other
- Prior marriage(s)
- Future financial opportunities
- Each spouse's standard of living
- Economic circumstances of each spouse
- Which spouse may serve as primary custodian of minor children
Also taken into consideration is marital property versus separate property. You should not have to give up any assets accrued before or during the marriage if your spouse wasn't involved.
Westmoreland County, PA Divorce Lawyers Protect Your Best Interests
Divorce is never an easy time. Our goal is to provide compassionate support while ensuring your future needs are taken care of. To schedule an appointment with a lawyer to discuss your family law needs, call our office at (412) 452-9712 or contact us online. We offer flexible scheduling and an initial consultation.
