Divorce Lawyers in Stroudsburg, PA
Even when it is mutual or inevitable, divorce is never easy. To make matters difficult, divorce is many people’s first experience with the legal system. At Newman Williams, P.C., we help individuals and families in Pennsylvania weather the divorce process by providing attentive representation and working to advance their interests at every step.
Our law firm has been serving the Poconos region for nearly a century. Our highly experienced divorce lawyers know what it takes to facilitate the dissolution of a marriage while safeguarding your legal rights and ensuring you are in the best possible position to move forward.
Compassionate, Client-Centered Representation
While we possess a full breadth of legal knowledge in family law matters, we trust that you know your situation and your family best. We will work closely with you to fully understand your goals and priorities in your divorce matter – whether you are primarily concerned with achieving a fair custody arrangement, an equitable division of marital property or simply to move forward with as little stress and expense as possible.
Often, clients wish to get through their divorce as amicably and cost-effectively as possible. Even if you and your spouse are on the same page about matters like custody and finances, it is essential to secure individual representation so your attorney can ensure you are protected throughout the process.
Is Pennsylvania A No-Fault Divorce State?
Yes, Pennsylvania is a no-fault divorce state. Knowing what makes a no-fault and at-fault divorce different from one another can help you determine which approach is appropriate for your circumstances. Here are the key aspects of each:
No-Fault Vs. Fault Divorce
In a no-fault divorce, neither spouse is to blame for the marital breakdown. This approach is less adversarial and is the most common path for divorces. In contrast, a fault-based divorce requires proving specific grounds for the divorce, which can lead to a more contentious and costly process.
The Two Types Of No-Fault Divorce
They can be broken down into two different categories:
- Mutual consent: This requires both spouses to agree to the divorce and involves a 90-day waiting period after filing. It can be a straightforward process if both parties are in agreement.
- Irretrievable breakdown: For cases where one spouse does not consent, the couple must live separately for at least one year before they can proceed with divorce.
Our lawyers can help you determine which type of no-fault divorce aligns with the specifics of your needs and situation.
What Are The Grounds For A Fault-Based Divorce?
Grounds for a fault-based divorce can include:
- Adultery: Pennsylvania defines adultery as a romantic or sexual relationship with an individual outside of the marriage.
- Cruel treatment: This can include emotional abuse, verbal abuse, physical abuse, sexual abuse, extreme threats, financial control and other actions that threaten the well-being of a spouse.
- Abandonment: Pennsylvania defines abandonment as a willful or malicious intent to leave a spouse for up to one year.
Taking the at-fault divorce route is less common due to its adversarial nature and potential for increased legal costs.
The Divorce Timeline In Stroudsburg: What To Expect
Understanding what the process can look like in Pennsylvania can help you prepare for each stage and manage expectations. Here is a step-by-step guide to what you can expect:
- Residency requirements and filing: To begin the divorce process, one spouse must have lived in Pennsylvania for at least six half a year. The process starts when you file a Complaint for Divorce, which details the grounds and terms of the divorce.
- Service of complaint: After completing the documentation, you must serve it to your spouse and allow them time to respond.
- The waiting period: Pennsylvania enforces a mandatory waiting period of either three months or one year, based on specific circumstances. This period is generally used for negotiations and reaching agreements on various aspects of the divorce.
- Addressing key issues: You need to resolve major legal issues, such as property division, child custody and spousal/child support, before finalizing the divorce.
- Finalizing the divorce: Once you resolve all issues and reach agreements, the final step is to obtain a divorce decree, which officially ends your marriage.
By knowing the usual steps involved with divorce, you can have a better understanding of what to expect as you engage in the process.
We’re Here To Help. Call For A Consultation With a Pennsylvania Divorce Attorney
During your free consultation, either at our Stroudsburg office or over the phone, we will listen attentively to your story, answer your questions and begin developing a plan to protect your interests during this difficult time. Please contact us online, or call 570-559-5507.