Divorce Attorney

Serving Bucks County, Lehigh County, Montgomery County and Philadelphia

In Pennsylvania, the Court of Common Pleas in your county has jurisdiction to hear divorce cases. It is your right to choose which  divorce attorney best fits your needs.

IMPORTANT: When you file the relevant papers, you must have stated your grounds for that court to have jurisdiction. If these papers are not filed correctly, your spouse could file a motion to dismiss your case. WE CAN MAKE SURE THIS IS DONE CORRECTLY FOR YOU.

After we file your paperwork, your spouse has 20 days to respond.

NOTE: If your spouse fails to respond, the court may proceed with the divorce or related matters, if the service of process has been completed correctly. IT IS VERY IMPORTANT THAT YOU HAVE AN ATTORNEY AT THIS CRUCIAL TIME.

Facing Divorce? Choose the Right Divorce Attorney

In Pennsylvania you or your spouse must have lived in Pennsylvania for at least six (6) months before a divorce complaint is filed. You cannot file until you have met the six (6) month residency requirement.

In Pennsylvania there are three types of divorce: fault, no-fault and those that can proceed after two (2) years of separation.

The FAULT GROUNDS for divorce in Pennsylvania are:

  • Willful and malicious desertion and absence from the marital home, without a reasonable cause, for the period of one (1) or more years.
  • Adultery
  • Extreme cruelty
  • Bigamy
  • Sentenced to imprisonment for a term of two (2) years upon conviction of having committed a crime.
  • Imposed such indignities on the innocent spouse as to render that spouse’s condition intolerable and life burdensome.
  • Insanity or serious mental disorder

All fault divorces require “proof” by court testimony and an appearance by the client. No-fault divorces may not require a court appearance, but even though amicable, all economic issues must be resolved.

NO-FAULT Divorces in Pennsylvania

Mutual Consent – A mutual consent divorce will be granted where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of the commencement of an action and an affidavit has been filed by each of the parties evidencing that each party consents to the divorce.

Irretrievable breakdown- If the parties have been living separate and apart for a period of at least two years and the marriage is irretrievably broken and the defendant has either:
Does not deny the allegations as set forth in the affidavit – or -Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least two (2) years and that the marriage is irretrievably broken.

NON-CONTESTED divorce when both parties reach an agreement on property issues, child support, alimony, retirement, and any other issue.

SEPARATION – Pennsylvania does not have a stated legal separation process. Parties may separate at any time which triggers other obligations such as Spouse and/or Child Support.

The date of separation is important in calculating the two-year time period that must pass before one party can obtain a “no-fault” divorce without the consent of the other party.

For a free initial phone consultation concerning your case, contact our Bucks County divorce attorney at Applebaum & Associates. Michael H. Applebaum has over 40 years experience fighting for people just like you. For your convenience we have offices in Bensalem, Allentown, Doylestown, Quakertown and Philadelphia. Call today!

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