Philadelphia Uncontested Divorce Lawyer
Serving Bucks, Chester, Delaware, Montgomery & Philadelphia County
Ending a marriage doesn’t have to be a fight, especially if you and your spouse agree on the decision to divorce. Additionally, however, you must also come to an agreement on how to handle the financial issues in your divorce, such as the division of marital property and the payment (or not) of spousal support. A caring and dedicated family law attorney can provide invaluable help to make sure this process concludes swiftly and satisfactorily. Learn more below about how an uncontested divorce works in Pennsylvania and contact the Law Offices of Lauren H. Kane for help with a Philadelphia uncontested divorce.
How does uncontested divorce work in Pennsylvania?
If you and your spouse agree on all the outstanding issues in your divorce, you can obtain a divorce based on mutual consent. Issues in your divorce which you must agree on may include:
- Property Division
- Spousal Support
- Child Custody
- Child Support
This form of no-fault divorce does not require a one-year separation like other no-fault divorces, but you still must meet the six-month residency requirement and prove that the marriage is irretrievably broken. You’ll settle all issues out of court and won’t have to go to court for your divorce. Instead, you and your spouse can draft and sign off on a Property Settlement Agreement that divides your marital property and arranges for any spousal support. You can also address child custody and support in this agreement, or deal with those issues separately at another time.
Divorcing couples negotiate Property Settlement Agreements privately amongst themselves or through a more formal process, such as mediation. In either setting, the Law Offices of Lauren H. Kane can help you iron out the details and keep the process from getting off track or going off the rails. Often parties agree to divorce by mutual consent and enter negotiations with the best of intentions, but disputes arise, tensions mount, and things fall apart. Our experienced Philadelphia divorce lawyer offers practical advice and legal knowledge to help you create an effective and lasting agreement that meets your needs and protects your rights.
How long does an uncontested divorce take?
Once you file for a divorce by mutual consent, there is a 90-day waiting period or cooling off period before the divorce will be finalized. This window gives time for the couple to be sure they want to divorce and/or seek marriage counseling if they choose. Also, it takes the court system time to process forms and paperwork and for the judge to review all the documents before issuing a decree, so expect the entire process to take around four months total from the time the divorce petition is filed.
There is no 90-day waiting period for a divorce based on an irretrievable breakdown of the marriage after a one-year separation. It can still take a month or more to process the forms and get a decree, and considerably longer if any contested matters need to be litigated in court.
Can we share an attorney if we agree to a divorce by mutual consent?
An uncontested divorce settles important rights between you and your spouse and may involve the waiver of valuable rights, like the ability to receive spousal support. Once granted, the divorce decree is final and last forever. Each party should, therefore, have their own attorney to look out for their interests. If using one attorney to draft the Settlement Agreement, each party should also take the agreement to another attorney to review it independently. If each party is using their own attorney, choose a lawyer who is experienced in uncontested divorces and will work to negotiate a satisfactory conclusion and not make the process more difficult or litigious.
Practical Advice and Professional Representation in Philadelphia Uncontested Divorces
For help with an uncontested divorce in Philadelphia, call the Law Offices of Lauren H. Kane at 215-918-9453. We’ll work to achieve a successful outcome for you with your interests represented and your rights intact.