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Contemplating a divorce can feel overwhelming, especially when you’re already grieving the loss of a romantic relationship and the future you had planned. Divorce laws actually vary from state to state, so it’s important when researching information or choosing a law firm that you look for information specific to the state in which you are getting divorced.
Whether your spouse has filed for divorce, you’re ready to move on, or the two of you made a mutual decision, there are many emotions wrapped up in ending a marriage, especially if children are involved.
With the right legal guidance and representation, the divorce process can be a little bit easier and less stressful.
The knowledgeable and caring Philadelphia divorce attorneys at BKW Family Law are available to help residents of Montgomery, Philadelphia, Chester, Delaware, or Bucks County PA, or Camden, Gloucester, or Burlington County, NJ, support you with divorce.
What can you expect from the process, and how can BKW Family Law help you emerge confident and ready to take your life in a new direction? Schedule a consultation, and our Philadelphia divorce lawyers can have a conversation to answer all of your questions.
Separating from a spouse is different for every couple, but there are a few steps common to almost any divorce, from the moment you file until you finalize the process. What can you expect when you hire a Philadelphia divorce lawyer to get your divorce underway?
The first step in legally and permanently separating from your spouse or partner may be filing for divorce or dissolution of the marriage. It is possible that your specific situation will require a different first step, especially if you are seeking mediation, but many separations start with the filing of a divorce complaint.
In addition to filing a complaint for divorce, most counties require additional supporting documentation, along with personal information for both spouses. An experienced family law attorney can help you assemble and complete all necessary documents and forms before filing.
In both New Jersey and Pennsylvania, the county in which your matter proceeds may also have its own fee structure and rules for submission of additional documents.
It’s difficult to fully estimate the length of time your divorce will take. If it’s contested, children are involved, or it’s a high-asset divorce, it could easily take a year or more. This is especially true if the matter goes through the court system in Pennsylvania or New Jersey. This is why many who agree on most matters opt to resolve their uncontested divorce through mediation, negotiation, or another form of alternative dispute resolution.
Before you can separate your lives, you and your spouse need to share some key information, primarily concerning your finances. During a divorce, each spouse is legally required to fully disclose complete and current financial information, including income, expenses, assets, and debts. This includes assets that can be considered ‘marital’ as well as the separate assets of each party.
This information is used to determine the equitable division of marital property. It’s important to understand that “equitable” doesn’t necessarily mean equal. If spouses are unable to agree on an equitable property division of marital assets, courts will consider several factors in determining what is equitable in Pennsylvania and New Jersey, including:
Parties can always reach agreements and therefore settle their matter outside of court. Even if you and your spouse come up with an settlement agreement, case law requires certain disclosures for a settlement agreement to be considered valid, so it’s best to work with our Philadelphia divorce lawyers to create an enforceable arrangement.
The child’s best interests are always considered first, and that isn’t always a straightforward answer. Our firm assists with negotiation and litigation for child custody disputes, child support orders, parenting coordination, and future or current child support modifications. In relocation cases, we help parents go through the proper channels to ensure a successful outcome for their family.
There are several options to consider when it comes to resolving the various family law issues in your divorce matter. Couples who are amicable and in full agreement when it comes to the division of assets, child custody, and/or child support payments may be able to file and provide all necessary documents to the court for approval.
Nevertheless, the process can be complicated and paper-intensive, so it’s often best to work with an experienced divorce lawyer who can guide you through the process and make sure you have everything in order.
For parties who have not reached an agreement on their own, or through counsel, there are two main avenues you can consider — alternative dispute resolution or litigation.
Alternative dispute resolution, or ADR, is a process designed to avoid litigation. It can take several forms, including:
Collaborative law involves providing each party with support services to work through the divorce process together, typically in a series of meetings. It includes lawyers for each party, along with specialists like divorce coaches and experts in finance and child custody. The parties and divorce lawyers agree not to litigate the matter and instead focus on an amicable resolution.
Mediation involves a neutral third party tasked with helping spouses negotiate to reach an agreement that is acceptable to both parties, while arbitration allows a neutral third party to make binding or non-binding decisions after listening to each side.
ADR is often preferable to litigation. It can save time and expense over going to court, and the proceedings are generally confidential. It also helps protect the relationships between the parties and gives them more control over outcomes versus letting a court decide.
While many couples can negotiate and reach an agreement, there will be cases where it is not possible. If your spouse refuses to budge on key points like division of assets, child custody arrangements, or spousal support, you need an experienced Philadelphia divorce lawyer who can prepare you for trial and promote your best interests.
Here are some of the most frequently asked questions that we receive about divorces in Pennsylvania and New Jersey.
The date of separation is a crucial data point in any divorce action. It dictates when grounds may be established in the divorce matter. It is also significant in equitable distribution, as the marital estate accrues from the date of marriage until the date of separation.
The filing and service of the divorce complaint is the presumptive date of separation/ However, an earlier date of separation may be appropriate if the parties lived separate and apart before filing (parties can live separate and apart even within the same residence). A date of separation before filing can be agreed upon between the parties. A party claiming an earlier date (which is not agreed upon) may file for a hearing so that the court can determine the appropriate date of separation.
A no-fault divorce means neither spouse has to prove the other did anything wrong in order to obtain a final decree. Instead, the marriage is simply considered irretrievably broken, or the spouses have irreconcilable differences. A fault-based divorce occurs when a spouse claims that the other caused the breakdown of the marriage through severe misconduct. A fault-based divorce must be litigated, which can be costly and time-consuming.
Removing a spouse from a marital home is possible, but it is based on very case-specific facts. There are different avenues to pursue if this is necessary for safety, emotional, or financial well-being.
There are a number of factors that must be considered when dividing a marital estate in Pennsylvania and New Jersey. Not all cases result in a 50/50 division and even within the same case, assets may be
divided differently.
Assets that existed before the marriage remain the separate assets of the party who owned them as long as they are not retitled jointly. In Pennsylvania, however, the increase in value of a separate asset is considered marital unless excluded by a prenuptial agreement.
Whether alimony is part of the resolution or not depends on the specific circumstances of the case including but not limited to the length of marriage, discrepancy of the parties’ income, and the size of the marital estate.
The date of separation is important for two reasons. That is the date used to determine what assets and liabilities are in the marital estate. It is also the date to determine when the parties can establish divorce grounds (i.e. one year separation) to proceed with a divorce.
Divorce can feel isolating and exhausting. In addition to seeking emotional support from family, friends, and a therapist, you need qualified legal counsel to advise you, ensure your best interests are represented, and alleviate some of the burden of stress.
The right legal assistance and legal services can not only help you prepare for the process ahead but also emerge from divorce with the assets and financial support you need to move forward. You don’t need to go through this difficult time in your life alone.
BKW Family Law proudly serves residents of Montgomery, Philadelphia, Chester, Delaware, or Bucks County, PA, or Camden, Gloucester, or Burlington County, NJ, who are going through divorce. Contact us now to learn more about our experienced divorce attorneys and alternative dispute resolution or litigation services.