Greensburg Divorce Lawyer
Divorce can be one of the most challenging and emotionally charged experiences in a person’s life. Whether it is a mutual decision or a contested matter, the process can bring uncertainty, stress, and difficult financial and legal decisions. In Greensburg, PA, those going through a divorce must navigate Pennsylvania’s family law system, which includes various legal procedures, considerations, and rights that can significantly impact the outcome.
Bunde & Roberts, P.C. is a trusted family law firm that understands the complexities of divorce and works closely with clients to achieve favorable resolutions. From uncontested divorces to highly contentious cases, an experienced Greensburg divorce lawyer is crucial for protecting your interests and securing the best possible future.
- Alimony
- Child & Spousal Support
- Closely Held & Family Business
- Divorce Tax Matters
- High Conflict Divorce
- High-Asset Divorce
- LGBT & Same-Sex Divorce
- Post-Divorce Modifications
- Professional Athlete Divorce
- Property Distribution
Common Types of Divorce in Pennsylvania
Divorce cases in Greensburg, like elsewhere in Pennsylvania, fall into different categories based on the circumstances and agreements between spouses. Understanding these types can help you determine the best approach for your situation.
No-Fault Divorce
A no-fault divorce occurs when both spouses agree that the marriage is irretrievably broken and consent to the divorce. Pennsylvania law allows couples to obtain a no-fault divorce by filing an affidavit and waiting a mandatory 90-day period before finalizing the process.
Alternatively, if one spouse refuses to consent, the other spouse can still obtain a divorce by proving the marriage has been broken beyond repair for at least one year. This form of divorce avoids the need to prove wrongdoing by either party and is often the quickest way to dissolve a marriage.
Fault-Based Divorce
In a fault-based divorce, one spouse alleges that the other has committed misconduct that led to the breakdown of the marriage. Grounds for a fault-based divorce in Pennsylvania include adultery, cruel treatment, abandonment for at least one year, bigamy, or a spouse being convicted of a crime and sentenced to two or more years in prison.
Fault-based divorces can be more complicated and contentious because they require proof of wrongdoing. They may also affect the outcome of financial settlements and spousal support.
Contested vs. Uncontested Divorce
A divorce is considered contested when spouses cannot agree on key issues such as property division, child custody, or spousal support. These cases often require court intervention and can take longer to resolve. An uncontested divorce, on the other hand, occurs when both parties agree on all terms, allowing for a smoother and faster resolution.
Divorce by Mutual Consent
Pennsylvania law allows couples to proceed with a divorce by mutual consent if both parties agree that the marriage is over. This is a form of no-fault divorce that simplifies the process, requiring both spouses to sign an affidavit stating they consent to the divorce after a 90-day waiting period.
Divorce After One Year of Separation
If one spouse refuses to agree to the divorce, the other spouse can still obtain a no-fault divorce after living separately for at least one year. This approach eliminates the need for mutual consent but extends the timeline of the divorce process.
Things to Consider During Divorce
Divorce involves many legal, financial, and personal considerations that can have lasting effects on both spouses and any children involved. Understanding these factors can help you navigate the process more effectively.
Property and Asset Division: Pennsylvania follows an equitable distribution system, meaning that marital assets and debts are divided fairly, though not necessarily equally. Factors such as the length of the marriage, each spouse’s financial contributions, and future earning potential are considered when dividing property. Understanding your rights and working with an attorney can help ensure you receive a fair share of the marital assets.
Child Custody and Support: For divorcing parents, child custody and support are among the most critical issues. Pennsylvania courts prioritize the best interests of the child when determining custody arrangements, considering factors such as parental involvement, living arrangements, and each parent’s ability to provide stability. Child support is calculated based on state guidelines that take into account the income of both parents and the needs of the child.
Spousal Support and Alimony: Spousal support may be awarded before the divorce is finalized, while alimony may be granted after the divorce to help a lower-earning spouse maintain financial stability. Pennsylvania courts consider factors such as the length of the marriage, each spouse’s earning capacity, and contributions to the household when determining support amounts.
Emotional and Psychological Impact: Divorce can be emotionally draining for both spouses and their children. Seeking counseling or support from professionals can help manage the stress and emotional toll of the process. Having a strong legal advocate can also provide reassurance and guidance throughout this difficult time.
What to Do If Thinking About Divorce
If you are considering divorce in Greensburg, PA, taking the right steps early in the process can help you protect your interests and prepare for what lies ahead.
- Gather Financial Documents: Having a clear picture of your finances is essential when preparing for divorce. Collect documents such as bank statements, tax returns, mortgage records, retirement account statements, and any debts. This information will be crucial in determining asset division and support obligations.
- Consider Your Living Arrangements: Deciding whether to stay in the marital home or move out can be an important consideration. If children are involved, stability may play a key role in custody decisions. Consulting with an attorney can help you understand how your living arrangements might impact the divorce proceedings.
- Discuss Custody and Parenting Plans: If you have children, start thinking about a parenting plan that outlines custody, visitation, and decision-making responsibilities. Courts prefer arrangements that prioritize the child’s well-being and maintain strong relationships with both parents.
- Seek Legal Guidance: Speaking with an experienced divorce attorney can provide clarity on your rights and options. Every divorce is unique, and legal advice tailored to your specific circumstances can make a significant difference in the outcome.
How Pennsylvania Law Applies to Divorce
Pennsylvania has specific laws that govern divorce proceedings, including residency requirements, mandatory waiting periods, and guidelines for asset division, support, and custody.
Residency Requirements
To file for divorce in Pennsylvania, at least one spouse must have lived in the state for at least six months before filing. The divorce petition must be filed in the county where either spouse resides.
Waiting Periods
For a no-fault divorce by mutual consent, there is a mandatory 90-day waiting period from the time of filing before the divorce can be finalized. If one spouse does not consent, a one-year separation period is required before the divorce can proceed.
Equitable Distribution Rules
Unlike community property states that divide assets equally, Pennsylvania follows an equitable distribution model. The court considers various factors to ensure a fair division, including financial contributions, economic circumstances, and future earning potential.
Contact A Skilled Greensburg Divorce Attorney At Bunde & Roberts, P.C.
Navigating a divorce can be overwhelming, but having a skilled attorney on your side can make a significant difference. Bunde & Roberts, P.C. is a dedicated family law firm serving Greensburg and the surrounding areas, helping clients through all aspects of divorce with compassion and experience.
Skilled Legal Representation: Whether your divorce is amicable or highly contested, Bunde & Roberts, P.C. provides strategic legal guidance to protect your interests. Their team has extensive experience handling property division, child custody, alimony, and other key issues.
Personalized Solutions: Every divorce is unique, and the attorneys at Bunde & Roberts, P.C. work closely with clients to develop personalized strategies that align with their goals and priorities. They provide honest legal advice, strong advocacy, and dedicated support throughout the process.
Negotiation and Litigation: While many divorces are resolved through negotiation or mediation, some require litigation. Bunde & Roberts, P.C. has the experience and courtroom skills needed to advocate effectively in high-conflict cases.
Divorce is never easy, but with the right legal team by your side, you can move forward with confidence. If you are considering divorce in Greensburg, PA, contact Bunde & Roberts, P.C. for a consultation and take the first step toward a new chapter in your life.
