Divorce can be difficult as well as the psychological process of tolling on all parties involved. When it comes to divorce, there is only one way to get a divorce. Parties can choose for each hire an attorney to represent them during the divorce proceedings in family court, the parties may choose to work with a mediator to assist them in developing a peace agreement or each party may choose to hire a divorce lawyer collaborative and work with each other and Divorce Lawyers with the aim of completing the problem and avoid the courts.
A divorce can be uncontested, contested or assigned by default. These differences are explained below:
Uncontested divorce
This is always the most expensive and best choice to try and finalize the divorce in a way that is undeniable. Uncontested divorce is where you and your partner work together to craft a deal about your divorce. By working together and agree on the terms, you can avoid going to court.
Parties can work together with a neutral mediator to craft the terms of divorce and subsequently filed divorce papers with the courts themselves. They also can each hire a collaborative divorce lawyer who will work with them to craft a peace agreement with the goal of avoiding divorce court. If the parties do not agree and decided to go to court, collaborative divorce attorney will terminate representation.
Alternatively, parties may choose to hire a divorce lawyer to file divorce papers and craft a deal to be present for the couple to sign a complaint 90 days of service of divorce to the couple. If the parties agree to the divorce and signed documents, divorce papers can be submitted to the court and the parties will accept them after the divorce decree.
divorce default
A court will grant a divorce by "default" if a party files for divorce and the couple did not respond after being served with the divorce complaint and documents. It can be used when the presence of the pair is not known or is not willing to participate in the process of divorce.
contested divorce
If you and your spouse can not come to an agreement about the terms of your divorce, you can bring your problems in front of the Master and Judge. You will go through the exchange process of the invention as financial documentation, settlement negotiations, hearings, and, if you can not reach an agreement after this exchange, you will have a trial.
Errors and No-fault Divorce
It used to be that divorce can not be granted unless there is a reason for the error. The days have passed and now we have a no-fault divorce. Parties can still choose to divorce on the ground of error for reasons of adultery, abandonment; However, it can be very expensive because of the nature of the litigious divorce.
A no fault divorce is where not prove that your spouse is to blame for the divorce, you can agree to a divorce under 3301 (c) in Pennsylvania or divorce by the damage can be repaired wedding under 3301 (d) in Pennsylvania. Under 3301 (c), the parties may agree to a divorce by filing an affidavit with the court approval 90 days after your spouse has been served with the divorce complaint. If both parties agree to a divorce, you can craft and come to an agreement with the court and request the inclusion of your divorce.
Under 3301 (d), the parties must prove the separation from their spouse for a period of demand the reason for divorce. If the period of separation from your partner beginning on or after December 5, 2016 you will need to live apart from your spouse for a period of ONE YEAR. If the period of separation from your spouse begins before December 5th, 2016, you are required to live apart from your spouse for a period of TWO YEARS.
mediated Divorce
Mediation is an alternative method of dispute resolution, which is available to those undergoing separation, divorce or custody issues. Mediation differs from traditional divorce or custody litigation, because the parties work together to decide among themselves what is best for them and their children. In a traditional divorce litigation, the opponent and the decision left in the hands of the Master or Judge. In Divorce or Custody Mediation, the mediator does not act as an advocate or a judge, instead, the mediator helps the parties work together to decide for themselves how to resolve their differences.
Collaborative divorce
Collaborative Divorce and Custody Practices is a voluntary dispute resolution process that allows parties to settle without a traditional divorce and custody litigation. You and your spouse each will hire a lawyer and work with lawyers and each other to resolve the problem of collaborative located in the best interests of everyone. The lawyer and the client signed the agreement, which outlines that if the parties can not reach a settlement, the lawyers will withdraw from the case and assist the client in this case the transition to a trial lawyer. By working in an open, cooperative environment, parties and their counsel can work towards resolving that benefit everyone.
In Collaboration Practice Act, the parties voluntarily disclose all information that is relevant and material to the issues to be decided, the parties agree to use good faith efforts in their negotiations to reach a settlement that is mutually beneficial, each party must be represented by a lawyer , a representation of the tip of attorney at any contested litigation, the parties may jointly engaged the necessary involvement of experts Stopping after a contested court proceedings.
