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Uncontested Divorce - legal services by Sara B. Abdullah, Esq.

 Note: Attorney Kristen Schneck does not provide services in this area. 

​
AN UNCONTESTED DIVORCE OCCURS WHEN BOTH PARTIES TO THE DIVORCE AGREE ON ALL MATTERS OF THE DIVORCE. A COUPLE MAY AGREE TO PROPERTY DIVISION, ALIMONY AND CHILD SUPPORT.  IN ADDITION, ONE PARTY IN THE DIVORCE MUST BE A PENNSYLVANIA RESIDENT FOR AT LEAST SIX MONTHS PRIOR TO FILING A DIVORCE COMPLAINT. 


There are two no-fault grounds for divorce in Pennsylvania. To obtain a divorce by mutual consent, both parties must agree the marriage is irretrievably broken and wait 90 days after the divorce action is served on the other side. The other no-fault divorce is a separation in which one party does not consent to the divorce and the parties have lived apart for two years.
 
For a mutually agreed no-fault divorce, the couple must agree to a Property Settlement Agreement if there are assets or issues of alimony. The parties can agree on these matters outside the court if they choose to do so. The parties may also agree child custody and child support, or these can be left to separate agreements or to court. Custody and support are not necessary to resolve before a divorce is granted in Pennsylvania. 

If the couple cannot agree completely on all matters discussed, the divorce may still be no-fault but the issues will need to be litigated. In a contested divorce a family court judge will decide all issues according to Pennsylvania state law. 

An uncontested divorce can be the result of mediation. The parties to the divorce can use a trained mediator to agree to the basic terms of divorce. Each party is still represented by an attorney, but the issues are all decided out of court. The couple can manage their other related matters privately.

Each party should be represented by an attorney whether the divorce is contested or uncontested. A divorce attorney can advise and protect your rights and interests throughout the divorce process.


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