The Law Office of Reinherz and Reinherz, Logo

215-922-2055 – PA
856-302-3989 – NJ

Avvo Reviews

Philadelphia Uncontested Divorce Attorney on the Process

For a Philadelphia Uncontested Divorce

Individuals seeking to file for divorce in the state of Pennsylvania must be residents of the state for at least six months before filing. Philadelphia Uncontested divorces may be filed with a family law or domestic relations clerk in the state of Pennsylvania. Couples can file for an uncontested divorce on the basis of “No-Fault” grounds. Grounds are established when the marriage is dissolved for irreconcilable differences. The differences may consist of adultery, abandonment, endangerment, or imprisonment of one of the parties for two years. The couple must have lived apart for two years and 90 days must have elapsed from the “commencement of action.”

Depending upon the county that the Philadelphia Uncontested divorce is filed, the costs will vary. Each county has implemented their own rules with regards to handling divorce proceedings.

The steps for filing a divorce in Pennsylvania are as follows:

1. The office of the Prothonotary in the County Court office should receive documentation called the Complaint of Divorce, initiating the divorce. This step notifies the court that one party desires the court to grant a divorce.
2. The spouse receives notification of the request for divorce by certified mail or through a process server. This indicates that the receiving spouse received notification of the divorce. The Service of Process and Certificate of Service are the important documentation in this step.
3. Both parties will negotiate the marital property settlement. In this step, each couple negotiated a Marital Settlement Agreement. This document will outline the steps required to distribute assets and liabilities, child support, and spousal support.
4. An Affidavit of Consent is issued to both spouses for signature. This indicates that each spouse agrees with the divorce.
5. A Precipice to Transmit Record is filed with the prothonotary. This step enters the divorce into public record. During this step, each of these documents is on file with the court systems: Affidavit of Consent, Marital Property Settlement Agreement, Record of Divorce or Annulment, and Proof of Service Certificate.

Couples, who desire an uncontested, No-Fault divorce, may begin negotiating property settlement before filing for divorce. These divorces will dissolve a marriage over the course of 90 days. Eligibility for a Mutual Consent Divorce requires the following:

• At least one spouse must be a resident of Pennsylvania for at least 6 months prior to filing.
• No minor children may be involved in the divorce proceedings.
• Each party must adhere to the terms and conditions outlined in the “Marital Settlement Agreement.”
• Each spouse must sign the Affidavit of Consent.

Now if you are not looking for a Philadelphia Uncontested Divorce Attorney and need help in New Jersey, I can help with this too.

For a New Jersey Uncontested Divorce

New Jersey Uncontested Divorce requires that one spouse have been a resident of the state for at least one year before filing for divorce. If one of the spouses was a resident and the adultery occurred in New Jersey, there is no residency requirement. The Plaintiff or spouse filing the divorce should do so in the Chancery Division, Family Part or the Superior Court in the county where the adultery took place.

To be eligible for a “No-Fault” divorce in New Jersey, the spouses must be living separate from one another for 18 months with “no reasonable prospect of reconciliation.” Separate living means that couples must live in separate homes, not rooms. The start date of the 18 month period begins when the couple agrees. If one spouse contests the date, the divorce may be delayed. Grounds for divorce include the following:

• Adultery
• Extreme Cruelty
• Willful Abandonment for One Year or More
• Addiction
• Deviant Sexual Conduct
• Institutionalization
• Imprisonment (18 or more months, consecutively)

To become eligible for an Uncontested Divorce, the couple must meet the following requirements.

• Both spouses must be a resident of New Jersey for 1 year prior to filing.
• The couple can have no minor or dependent children or must agree on the terms for child support.
• Each party must adhere to the terms and conditions outlined in the “Marital Settlement Agreement.”
• Each spouse must sign the Affidavit of Consent.

The steps for simplest New Jersey Uncontested divorce are as follows:

1. One spouse must file a “Verified Complaint for Divorce” which signifies to the courts that either one or both spouses desire dissolution of the marriage.
2. The defendant receives a copy of the “Verified Complaint for Divorce” along with a summons. The summons gives the defendant 35 days to answer the complaint or “file an Answer.” A sheriff’s officer is most likely to deliver the Summons to the defendant’s residence.
3. Spouses negotiate the division of mutual property, assets, spousal and child support. Negotiations may take place through Early Settlements Panels.
4. Decisions are finalized on the division of mutual assets.
5. Schedule a final hearing for the dissolution of the marriage.

Uncontested divorces can occur quickly in New Jersey if both spouses agree on all terms of the divorce.