What are the basic issues to be resolved in divorce proceedings?

Divorce Basics in Bucks County

As you go through a divorce in Bucks County, you must keep a few things in mind.  First, is that despite all of the tough and difficult emotions involved, you must remain focused on resolving the bigger issues.  Remember, the main issues are: 

  • child custody
  • division of shared assets
  • division of debt
  • alimony
  • child support

You must always keep this inevitable goal in mind.  Now, each issue is complicated and potentially lengthy, but remember that the resolution of each issue is the goal.  

What is a Marriage Settlement Agreement?

A Marriage Settlement Agreement is a written contract signed by both marriage partners which addresses the issues of divorce such as alimony, child custody and support, and responsibility for assets and debts.  Normally, the agreement is drafted by the opposing Bucks County divorce lawyers.  These contracts are legally binding and enforceable by the family law courts. Child custody and child support can be changed or modified by a family court. 

Failure to abide by the conditions of the contract could result in a seizure of assets or imprisonment via a contempt hearing.  It is always in the best interest of both parties to achieve agreement outside the courts.  There are family law attorneys who specialize in helping clients come to an agreement.  Doing so relieves the spouses of a court trial and all the monetary expenses involved not to mention the emotional upheaval to be endured during the court process.  

What happens if the defending spouse cannot be located within the specified time period?

Separated Spouse Cannot be Located in Bucks County

You have hired a Bucks County divorce lawyer, learned about the divorce process in Bucks County, and filed your divorce complaint at the county court.  But, your separated spouse is no where to be found.  

In such cases, your attorney should immediately notify the prothonotary of the Bucks County court system and request that a reinstatement is issued.

Next Steps in Process for Divorce

The Bucks County plaintiff then has 30 days to serve the complaint.  This can be which can be done by certified mail, a responsible adult (i.e. process server) or the sheriff’s office personnel.  This second notification is generally referred to as “service of process".  If, after all this has been done, and the spouse still cannot be located, the court and plaintiff may continue with the Bucks County divorce process.  

Your First Meeting with a Bucks County Divorce Lawyer

What documents should a person obtain when seeking a divorce?

The following is a basic list of items to be gathered: 

  • marriage certificate 
  • list of assets owned jointly or individually (eg. real estate)
  • retirement  and savings accounts
  • life insurance
  • vehicles owned
  • securities
  • tax returns
  • businesses owned
  • household and personal items 
  • a list of debts owed and the creditors

Meeting with the Bucks County Lawyer

Your Bucks County divorce lawyer should go over your documents to get an idea about marital assets and marital debts.  Also, the lawyer will go over any issues with children.  You should learn about the Bucks County divorce process and your options in the divorce.  It is always difficult to go over every issue in your first meeting, but you should leave understanding the potential strategies involved.  

How does a Bucks County spouse initiate the divorce process in Pennsylvania?

Starting Divorce in Bucks County

The start of the divorce process in Bucks County begins when one of the spouses files a legal document known as “Complaint in Divorce” at the Bucks County Court of Common Pleas. If the spouses reside in different counties, the divorce complaint can be filed in either county but the spouse filing the complaint must state the reason for that county to handle the divorce case.  Information such as the following is provided in the complaint:  both spouses names and addresses and the type of divorce sought (fault or no fault).  The complaint must state the date and place of the marriage. The person initiating the divorce is called the “plaintiff” and he/she may state requests for items such as alimony, custody of children and support. 

Receiving the Complaint

The spouse receiving the complaint is called the “Defendant” and has 30 days to respond to the complaint if he/she lives in Pennsylvania, 60 days if the defendant spouse resides outside of the state but within the United States, and 90 days if residing outside the U.S.  A complaint is delivered by certified mail or by the sheriff’s office.

Types of Bucks County Divorce

Fault and No Fault Divorce in Bucks County

I covered the types of divorce in Bucks County on my main website.  But, recall, there are two types: Fault and No Fault.  Under No Fault, there is a Mutual Consent Divorce wherein both spouses file an affidavit agreeing to the divorce.  This cannot occur earlier than 90 days after the defendant filed the divorce petition.  The public policy behind the 90 days is that the legislature wants to encourage reconciliation (i.e. getting back together) and won't allow "quickie" divorces.  

Bucks County divorce attorneys for both spouses work to come to agreement on such issues as alimony, child custody and support. If no agreement can be reached, then a hearing is held and the court judge makes decisions on these issues.   Under No Fault there is also a Two Year Separation Divorce. If one spouse fails to sign an affidavit agreeing to the divorce, then the other spouse, after a two year separation, can sign an affidavit stating the fulfillment of the two year separation and irretrievability of the marriage exists.  The opposing spouse must be served the affidavit.  Following this, if the opposing spouse files a counter affidavit denying there has been a two year separation or that the marriage is irretrievably broken, a judge decides at a hearing if a divorce should be granted.

No Fault Requirements

The use of a FAULT divorce in Bucks County has become very rare with the introduction of No Fault divorce.  Under a Fault divorce the plaintiff must provide proof that he/she is innocent of wrongdoing and that the defendant is the one at fault. For example, the plaintiff must prove that the defending spouse is guilty of adultery, extreme cruelty or serious indignities.  Being declared insane or confinement in a mental institution for a minimum of 18 months prior to filing the divorce complaint is also grounds for a fault divorce.  Unlike No Fault, a Fault divorce requires a court hearing which can be expensive because of attorney and court fees the plaintiff would have to pay. There is also the possibility that the plaintiff may fail to win his/her case and that the court may therefore deny the divorce.  As you can see, the most reasonable path is a No Fault divorce as it is more efficient and much less expensive.