Ways of divorce
Divorce can be a difficult and psychological toll process for all parties involved. When it comes to divorce, there is not just one way to get divorced. The parties may choose to hire a lawyer to represent them during the divorce process, the parties may choose to work together with a mediator to help them come to an amicable settlement or each of the parties may choose to hire a collaborative divorce lawyer and work with each other and lawyers with the goal of solving problems and avoiding courts. A divorce can be incontestable, contested or granted for non-compliance. The differences are explained below:
It is always the cheapest and best option to try to resolve a divorce incontestably. An incontestable divorce is the place where you and your spouse work together to work out an agreement in terms of your divorce. By working together and according to the terms, you can avoid going to court.
The parties can work together with a neutral mediator to work out the terms of the divorce, and then file the divorce papers with the court. They can also hire a divorce collaboration lawyer who will work with them to draft a friendly divorce agreement with the goal of avoiding the court. If the parties do not agree and decide to go to court, the collaborative divorce lawyers interrupt the representation. Or, a party may choose to hire a divorce lawyer to file divorce documents and draw up an agreement to present the spouse to sign 90 days of the divorce complaint about the spouse. If the parties agree to the divorce and sign the documentation, the divorce documents can be filed with the court and the parties will receive their divorce decree after that.
A court will grant a “default” divorce if a party requests the divorce and the spouse does not respond after having been duly notified with the divorce and paperwork complaint. This can be used when the whereabouts of a spouse is unknown or not willing to participate in the divorce process.
Ways of divorce
Ways of divorce If you and your spouse can not agree on the terms of your divorce, you can bring your problems before a Master and Judge. You will go through the process of exchange of discoveries, such as financial documentation, settlement negotiations, hearings and, if you can not reach an agreement after these changes, you will have a trial.
Divorce Failure and no faults
It used to be that a divorce could not be granted unless there were grounds for fault. These days have passed and now we have divorces without guilt. The parties can still choose to divorce on grounds of fault for reasons of adultery, abandonment; However, it can be very expensive due to the litigious nature of the divorce.
A no-fault divorce is where instead of proving that your spouse is the culprit of the divorce, you can consent to a divorce under 3301 (c) in Pennsylvania or divorce for irrelevant marriage relief under 3301 (d) in Pennsylvania. Under paragraph 3301 (c), the parties can consent to the divorce by submitting a statement of consent with the court 90 days after their spouse was notified with the divorce complaint. If both parties agree to the divorce, you can work out and file an agreement with the court and request entry of your divorce.
According to 3301 (d), the parties must prove a separation from their spouse for a period of time to request grounds for divorce. If your spouse’s separation period begins on or after December 5, 2016, you will need to be separated and separated from your spouse for a period of ONE YEAR. If your spouse’s separation period began before December 5, 2016, you must be separated and separated from your spouse for a period of TWO YEARS.
Mediation is an alternative method of dispute resolution, which is available to parties involved in issues of separation, divorce or custody. Mediation is different from traditional divorce or custody litigation, because the parties work together to decide among themselves what is best for them and their children. In traditional divorce litigation, the parties are adversaries and the decision is left to the Master or Judge. In the Custody Divorce or Mediation, the mediator does not act as a lawyer or judge, however, the mediator helps the parties to work together to decide on their own how to resolve their differences.
The collaborative practice of divorce and custody is a voluntary dispute resolution process that allows the parties to establish themselves without recourse to litigation.