Divorce
The divorce process for anyone can be emotional, distressing and complicated. During this difficult time in your life, you want someone who is prepared to listen to the unique predicaments that you are facing in your divorce. You want someone who can explain your rights and your options. Attorney Stephen Barcavage will guide you through the process and protect your rights and provide you with options that meet your personality and needs.
His 20 years of experience will benefit you as he reviews your legal case and determines whether litigation or other type of settlement is most appropriate in your unique case. He will assist you through all the legal factors involved in the divorce process from the initial filing, to the Equitable Distribution of the marital estate, Child Custody, Child Support, Spousal Support, Alimony, Alimony Pendente Lite, and the finalization.
Divorce law in Pennsylvania provides for fault and no-fault divorce actions. Most divorce cases are filed as a no-fault divorce unless there are tactical reasons for filing a fault based divorce.
No-Fault Divorce
In a no-fault divorce proceeding, soon after the filing party has filed the divorce complaint and served the other spouse with a copy, there is a mandatory waiting period of 90 days. Neither party can complete the divorce action before 90 days. After this waiting period has ended, both parties have the choice of signing consent forms to allow the divorce to be finalized with the court. It has been our experience that the parties will usually resolve their financial matters (Equitable Distribution) before finalizing the divorce proceedings, even if this puts the divorce finalization date past the 90 days.
If one party declines to sign the consent forms, the filing spouse will not be able to finalize the divorce action until the parties have been separated for a period of 2 years. Neither party can file for the appointment of a Divorce Master who would serve to in order to facilitate the equitable division of the parties' assets until the parties have been separated for a period of 2 years, absent a finding of fault in the marriage.
Fault Divorce
It can be advantageous to the filing party to file a fault based divorce if he or she can show that he or she is the innocent and injured spouse of the marriage. Under these situations, the innocent and injured spouse can file for the appointment of a Divorce Master before the 2 year separation period is up. This is a typical reason to file a fault based divorce. The grounds for filing a fault divorce are:
- Adultery
- Abandonment of the marriage for a period of 1 year or more
- Cruel and barbarous treatment by your spouse which endangered your life or health
- Spouse's incarceration for 2 or more years after having been convicted of a crime
- Knowingly entering into a bigamous marriage
- Your spouse has treated you with such indignities such that your living situation is intolerable and life burdensome